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LEGISLATIVE  DOCUMENTS, 


COMPILED  BY  ORDER   OF  TUB 


TEffl  GENERAL  ASSEMBLY 


J 


WHICH  CONVENED  IN  DE3  MOINES,  JANUARY  11,  1804. 


8AMUEL  J.  KIRK  WOOD,  Rktirixo  Gotkbnor. 

JOHN  R.  NBBDHAM,  Rktiriko  Lt.  Qov.asd  Pbesidsnt  of  Seicatk. 

WILLIAM  M.  STONE.  Qovbrkor  Elsct. 

ENOCH  W.  EASTMAN,  Lt.  Gov.  Elect  and  Piiepideut  or  Fknate. 

JAMES  WRIQHT,  Sxobstabt  of  Statb. 

J.  W.  CATTBLL,  Avditob  of  State. 

W.  H.  HOLMES,  Tbbasurxr  of  State. 

J.  A.  HARVET.  Register  of  State  Land  Office. 

ORAN  FAVILLB,  Secretary  of  Board  of  Education. 

JACOB  BUTLER,  Speaker  of  the  Houob  of  Kxprei'kntativk&. 


DES  MOINES: 

F.  W   PALMER,  STATE  PRINTER. 
1864. 


CONTENTS. 


KuLE8  AKD  Statistics. 

govkkkok^s  ms8£age. 

Inaugural  of  Gov.  Stone. 

Report  ov  Auditor  of  State. 

Report  op  Treasurer  of  State. 

Report  of  Register  of  State  Land  Ofkue. 

Report  of  Thos.  H.  Benton,  Jr.,  Secretary  Board  of  KDVCAnoN. 

Report  of  Oran  I^avii.lk,  Ac^tino  Secketauy  Boahd  of  Educatioi^. 


KULES  AND  STATISTICS 


OF  THE 


SENATE  AND  HOUSE  OF  REPRESENTATIVES 


ADOPTED  BT  THM 


TENTH  GENERAL  ASSEMBLY, 


DBS  MOINES: 

W.  W.  PALMBR.  STAfB  PSIKTIB. 

1861 


SENA.TE   RULES. 


ORDER   OP  DAILY   BUSINESS. 

After  the  journal  is  read,  the  following  order  shall  govern : 

1.  Presentations  of  petitions  of  memorials. 

2.  Introduction  of  bills. 

3.  Resolutions.  ' 

4.  Communications  on  the  President's  table. 

5.  Reports  of  Standing  Committees,  in  the  order  in  which  they 
stand  in  the  rules,  except  the  committees  on  Engrossed  and 
Enrolled  bills. 

6.  Reports  of  Select  Committees. 

7.  Third  reading  of  bills, 

8.  Bills,  other  matters,  and  unfinished  business  before  the 
Senate. 

9.  General  orders  of  the  day. 

STANDING   RULES. 

1.  The  President  shall  take  the  chair  at  the  hour  to  which  the 
Senate  is  adjourned,  and  call  the  members  to  order ;  and  if  a  quo- 
rum be  present,  he  shall  direct  the  journals  of  the  preceding  day 
to  be  read,  and  mistakes,  if  any,  corrected.  He  shall  preserve 
order  and  decorum,  and  decide  all  questions  of  order,  subject  to  an 
appeal  to  the  Senate. 

2.  One-fourth  of  the  members  may  have  a  call  of  the  Senate, 
and  absent  members  sent  for. 

3.  When  the  voteis  taken  viva  vooe^  questions  shall  be  distinctly 
putin  this  form,  viz :  ^'  As  many  as  are  of  the  opinion  that  (as  the 
qaestion  may  be)  say '  aye.' "  And  after  the  aflEirmative  voice  is  ex- 
pressed, "as  many  as  are  of  the  contrary  opinion,  say  ^no.'"  If  the 
President  doubt,  or  a  division  be  called  for,  the  Senate  shall  divide — 
those  in  the  affirmative  of  the  question  shall  first  rise  from  their  seats, 
and  aflierwards  those  in  the  negative. 


4  SENATE  RULES. 

4.  All  motioBS  (except  to  adjourn,  postpone  or  commit)  shall 
be  reduced. to  writing,  if  required  by  any  member  of  the  Senate. 
Any  motion  may  be  withdrawn  by  the  mover  before  it  is  amended 

■  by  the  Senate. 

5.  Every  member  present  when  a  question  is  put,  shall  vote, 
unless  he  shall,  for  special  cause,  be  excused  by  a  vote  of  the  Sen- 
ate ;  but  no  member  shall  vote  on  any  •  question  in  the  event  of 
which  he  is  directly  and  personally  interested,  or  in  any  case  where 
he  was  not  present  when  his  name  was  called  in  the  taking  of  the 
vote. 

6.  When  a  member  is  about  to  speak  in  debate,  or  deliver  any 
matter  to  the  Senate,  he  shall  rise  from  his  seat,  and  respectfully 
address  himself  to  Mr.  President,  and  shall  confine  himself  to  the 
question  under  debate,  avoid  personalities,  and  the  imputation  of 
improper  motives. 

7.  When  a  question  is  under  debate,  no  motion  shall  be  receiv- 
ed but  to  adjourn,  to  lay  on  the  table,  for  the  previous  question,  to 
postpone  to  a  day  certain,  to  commit  or  amend,  to  postpone  indef- 
initely; which  several  motions  shall  have  precedence  in  the  order 
in  which  they  are  named;  and  no  motion  to  postpone  to  a  day  cer- 
tain, to  commit,  or  to  postpone  indefinitely,  being  decided,  shall  be 
again  allowed  on  the  same  day,  and  at  the  same  stage  of  the  bill 
or  proposition. 

8.  The  previous  question  shall  be  in  this  form :  "  Shall  the  main 
question  be  now  put  ? "  It  sliall  only  be  admitted  when  demanded 
by  a  majority  of  the  members  present,  and  its  effects  shall  be  to 
put  an  end  to  all  debate,  and  bring  the  Senate  to  a  direct  vote  upon 
amendments  reported  by  a  committee,  if  any ;  then  upon  pending 
amendments,  and  then  upon  the  main  question. 

9.  A  motion  to  adjourn,  to  lay  on  the  table,  and  for  the  pre- 
vious question,  shall  be  decided  without  debate;  and  all  incidental 
questions  of  order  arising  after  a  motion  is  made  for  the  previous 
question,  and  pending  such  motion,  shall  be  decided — whether  an 
appeal  or  otherwise— without  debate. 

10.  Any  member  may  call  for  a  division  of  a  question,  which 
shall  be  divided,  if  it  comprehends  propositions  in  substance  bo 
distinct,  that  one  being  taken  away,  a  substantive  proposition 
shall  remain  for  the  decision  of  the  Senate.  A  motion  to  strike  out 
and  insert,  shall  be  deemed  indivisible ;  but  a  motion  to  strike  out 


SENATE  RULES.  5 

being  lost,  shall  preclude  neither  ainendmentB  nor  a  motion  to 
strike  out  and  insert. 

1 1.  Every  bill  shall  be  introduced  on  the  report  of  a  commit- 
tee, or  by  leave.  Every  bill  shall  receive  three  several  readings 
(>revious  to  its  passage;  but  no  bill  shall  have  its  second  and  tliird 
readings  on  the  same  day,  without  a  suspension  of  this  rule. 

12.  The  lirst  reading  of  a  bill  shall  be  for  information,  and  \t 
objections  be  made  to  it,  the  question  shall  be,  "Shall  the  bill  be 
rejected '{ "  If  no  objections  be  made,  or  the  question  to  reject  be 
loot,  the  bill  shall  go  to  its  second  reading  without  further  question. 

13.  Upon  the  second  reading  of  a  bill  or  resolution,  the  Presi- 
dent shall  state  it  as  ready  for  amendment,  commitment  or  engross- 
ment, and  if  committed,  then  the  question  shall  be,  whether  to  a 
select,  or  standing  committee,  or  a  committee  of  the  whole.  If  to 
a  committee  of  the  whole,  the  Senate  shall  determine  on  what  day. 
But  if  the  bill  be  ordered  to  be  engrossed,  it  shaU  be  in  order  for 
Its  third  reading  at  any  time  after  that  day.  No  bill  or  resolution 
recjuiring  the  concurrence  of  both  houses  shall  be  committed  or 
amended  until  it  shall  have  been  twice  read. 

14.  When  a  question  is  lost  on  engrossing  a  bill  for  a  third 
reading  on  a  particular  day,  it  shall  not  preclude  a  question  to  en- 
i^ross  it  for  a  third  reading  on  a  difterent  dav.  After  a  third  read- 
ing  of  a  bill  or  resolution,  no  amendment  (except  to  fill  blanks) 
shall  be  received,  except  by  unanimous  consent  of  the  members 
present;  and  the  vote  on  its  final  passage  shall  be. immediately  ta- 
ken without  debate. 

15.  A  bill  r>r  resolution  may  be  committed  at  any  time  previous 
to  its  third  reading, 

16.  In  filling  blanks,  the  largest  sum  and  longest  timer  shall  be 
first  put. 

17.  When  a  motioji  or  question  has  been  decided  in  the  affirm- 
ative or  negative,  any  member  having  voted  with  the  majority,  may 
move  a  reconsideration  the  same  or  on  the  next  business  day. 

18.  Before  acting  on  executive  business,  the  Senate  Chamber 
shall  be  cleared,  by  directi(»ii  of  the  Pres'dent,  of  all  persons  except 
members,  the  Secretary  and  Sergeant-at- Arms ;  the  members  en- 
joined to  observe  secrecy,  and  the  Secretary  and  Sergeant-at-Arms 
to  be  sworn. 

19.  No  standing  rule  or  order  of  the  Senate  shall  be  rescinded 


6  SENATB  RULE& 

or  suspended,  unless  by  a  vote  of  two-thirds  of  the  members  pres- 
ent, except  any  order  fixing  the  hour  to  which  the  Senate  shall 
stand  adjourned. 

20.  The  rules  of  parliamentary  practice  comprised  in  Cushing's 
Manual,  shall  govern  the  Senate  in  all  cases  to  which  they  are  ap- 
plicable, and  in  which  they  are  not  inconsistent  with  the  standing 
rules  or  orders  of  the  Senate,  and  the  joint  rules  of  the  Senate  and 
House  of  Bepresentatives. 

21.  The  Senate  shall,  at  its  pleasure,  elect  a  President  pro  tern., 
who  shall  hold  his  office  during  the  remaining  portion  of  the  time 
for  which  the  President  was  elected ;  and  when  the  President  shall 
for  any  cause,  be  absent,  the  President  pro  tem.  shall  preside,  ex- 
cept when  the  chair  is  filled  by  appointment  by  the  President. 

22.  On  the  return  of  a  bill  from  the  House,  with  an  amendment, 
it  shall  be  placed  with  the  third  reading  of  bills,  unless  the  Senate 
shall  otherwise  order.  On  the  question  of  adopting  the  amend- 
ment, the  vote  shall  be  taken  as  on  the  final  passage  of  a  bill ;  and 
if  the  amendment  be  adopted  by  a  constitutional  majority,  no  fur- 
ther vote  is  necessary. 

23.  It  is  in  order  for  the  committees  upon  engrossed  and  enrolled 
bills,  to  report  at  any  time  when  no  question  is  before  the  Senate. 

24.  When  any  order  of  the  day  is  not  proceeded  with  on  the 
day  assigned,  it  shall  stand  as  a  general  order  on  each  succeeding 
day  until  disposed  of,  unless  otherwise  ordered,  but  its  considera- 
tion cannot  be  moved  until  that  order  of  business  is  reached,  when 
it  shall  be  takea  up  in  the  order  of  its  file. 

25.  When  the  pending  question  is  interrupted  by  "  a  Special 
Order  "  it  shall,  upon  the  disposal  of  the  special  order,  be  before 
the  Senate  in  the  same  stage,  as  if  it  had  not  been  so  interrupted. 


ST^NDIISTG  COMMITTEES. 


Judicum/ — Seiiators  McOrary  of  Lee,  Bordick,  Jennings,  Boss, 
Henderson,  Crookham  and  Patterson. 

Ways  a/nd  Mea/iM — Senators  Foote,  Udell,  Gray,  Clark,  Young, 
Boardman  and  Bassett. 

Federal  ReUxUons — Senators  Henderson,  McJunkin,  Knoll, 
Cutts,  Hunt,  Stubbs  and  Hillyer. 

MiUUm/  Affairs — Senators  Udell,  Bassett,  Yonng,  Moore,  Mer- 
rill,  Branson  and  Gue. 

AgricuUure — Senators  Clarkson,  Gue,  Brunson,  McMillan,  Hil- 
singer.  King  and  Bridges. 

Univer&ity  wnd  Unmersity  Lomda — Senators  Clark,  Woolson, 
Gray,  Boss,  Brown,  Hatch  and  Henderson. 

School  amd  School  Lomds — Senators  Boardman,  Parvin,  Knoll, 
Saunders,  Dixon,  Brayton,  McJunkin  and  Hart. 

Charitable  InstitiUions — Senators  Stubbs,  Boss,  Hunt,  Wharton, 
King,  Brown  and  Boberts. 

Claims —  Senators  Dixon,  Jennings,  Gue,  Hogin,    McMillan, 

Crookham  and  Hesser. 
Elections  —  Senators  Brayton,  Bridges,  Wharton,  Cutts  and 

Shippen. 

BcmJcs — Senators  Woolson,  McCrary  of  Van  Buren,  Foote, 
Crookham,  Hurley,  Hart  and  Patterson. 

RaU  Roads — Senators  Boberts,  Boardman,  Burdick,  Jennings, 
Henderson,  Shippen  and  Clarkson. 

CommuTce — Senators  Cutts,  Parvin,  Hogin,  McCrary  of  Van 
Buren,  and  Hilsinger. 

Township  a/nd  Camvby  OrgankaUons — Senators  Patterson,  Hes- 
ser, Boberts,  Flaugh  and  Bridges. 

Incorporations — Senators  McJunkin,  Hurley  and  Brown. 

PubUo  BmJdings — Senators  Hatch,  Hogin,  Foote,  Hillyer  ana 
Hesser. 


8  .  STANDING  00MMITTEB8. 

M(mwfacture9 — Senators  Young,  Parvin,  Woolson,  Gue  and 
Boardman. 

Public  L<md9 — Senators  Bnrdick,  Woolson,  MeCrary  of  Lee, 
Bridges,  Merrill  and  Stabbs. 

Internal  Im^ovemenU — Senators  McCrary  of  Van  Buren,  Ship- 
pen,  Olarkson,  Hatch  and  Baasett. 

Prmti/ng — Senators  Gue,  Moore,  Olarkson,  Flaugh  and  Udell. 

Road» — Senators  Hillyer,  McMillan,  Hunt  and  t'laugh. 
Special  Comrrdttee  on  Orpham,  Aeylum — Messrs.  Gue,  McCrary 
of  Van  Buren,  Hatch,  Jennings  and  Flaugh. 

New  Cov/nMee — ^Senators  Wharton,  £ing  and  Brunson. 
Cowniy  Bawndwriee — Senators  Hilsinger,  Merrill  and  Moore. 
Lihrwry — Senators  Hurley,  Saunders,  Dixon  and  Bray  tori. 
Engroseed  BHl» — Senators  Gray,  Hunt  and  Hogin. 
Enrolled  BUU — Senators  Parvin  and  Saunders. 


RULES  OE  THE  HOUSE  OF  EEPRESENTATiyES, 


DUTY  OP  THE  SPEAKER 

1.  He  shall  take  the  Chair  every  day  precisely  at  the  hour  to 
which  the  Hoase  shall  have  adjourned  on  the  preceding  day  ;  shall 
immediately  call  the  members  to  order,  and  on  the  appearance  of 
a  quorum  shall  cause  the  journal  of  the  preceding  day  to  be  read. 

2.  He  shall  preserve  order  and  decorum,  and  speak  to  points  of 
order  in  preference  to  other  members,  rising  from  his  seat  for  that 
purpose ;  and  shall  decide  questions  of  order,  subject  to  an  appeal 
to  the  House  by  any  two  members. 

3.  He  shall  rise  to  put  a  question,  but  may  state  it  sitting. 

4.  Questions  shall  be  distinctly  put  in  this  form,  to-wit :  "Ab 
many  as  are  of  opinion  that  (as  the  question  may  be)  say  Aye," 
and  after  the  afiSrmative  voice  is  expressed,  "As  many  as  are  of  the 
contrary  opinion,  say  No."  If  the  Speaker  doubts,  or  a  division  be 
called  for,  the  House  shall  be  divided.  Those  in  the  arffirmative 
of  the  question  shall  first  rise  from  their  seats,  and  afterwards  those 
in  the  negative. 

6.  The  Speaker  shall  have  a  right  to  name  any  member  to  per- 
form the  duties  of  the  Chair,  but  such  substitution  shall  not  extend 
beyond  an  adjournment,  except  that  in  case  of  the  absence  of  the 
regular  Speaker,  the  House  may  proceed  to  elect  a  Speaker  pro 
tem.,  whose  acts  shall  have  the  same  validity  as  those  of  the  Speaker. 

6.  All  Committees  shall  be  appointed  by  the  Speaker  unless 
otherwise  specially  directed  by  the  House. 

7.  In  all  cases  of  a  call  of  the  yeas  and  nays,  the  Speaker  shall 
vote ;  in  other  cases  he  shall  ni)t  be  required  to  vote  unless  the 
House  is  equally  divided,  or  unless  his  vote,  if  given  to  the  minor- 
ity, will  make  the  division  equal,  and  in  case  of  such  equal  division 
the  question  shall  be  lost. 

8.  All  acts,  addresses  and  joint  resolutions,  shall  be  signed  by 

the  Speaker ;  and  all  writs,  warrants  and  subpoenas,  issued  by  order 
2 


10  HOUSE  RULES. 

of  the  House,  shall  bennder  his  hand,  and  attested  by  the  Olerk. 
9.     In  case  of  any  disturbance  or  disorderly  conductin  the  lobby, 
the  Speaker  or  Chairman  of  the  Committee  of  the  Whole  House, 
shall  have  the  power  to  have  the  same  cleared. 

10.— ORDER  OP  THE  BUSINESS  OP  THE  DAT. 

After  the  journal  is  read,  the  following  order  shall  govern  : 

1.  Petitions  or  remonstrances  to  be  offered ; 

2.  Beports  of  Committees; 

S.    Resolutions  laid  over  under  rule  34 ; 

4.  Bills  to  be  introduced ; 

5.  Resolutions ; 

6.  Messages  and  communications  on  the  Speaker's  table ; 

7.  Bills  and  resolutions  read  a  second  time ; 

8.  Bills  on  their  passage ; 

9.  Reports  in  possession  of  the  House  which  offer  grounds  for 
a  bill,  are  to  be  taken  up  in  order  that  the  bill  may  be  ordered  in. 

10.  Bills  or  other  matter  before  the  House,  and  unfinished  the 
preceding  day. 

OP  DECORUM  AlH)  DEBATE. 

11.  When  any  member  is  about  to  speak  in  debate,  or  deliver 
any  matter  to  the  House,  he  shall  rise  from  his  seat,  and  respect- 
fully address  himself  to  the  presiding  officer,  by  his  title,  saying, 
"Mr.  Speaker,"  and  shall  not  proceed  until  he  shall  be  recognized 
by  the  Chair,  and  shall  confine  himself  to  the  question  under  debate, 
and  shall  avoid  personalities. 

12.  When  any  member  in  speaking,  or  otherwise,  transgress  the 
rules  of  the  House,  the  Speaker  shall,  or  any  member  may,  call  him 
to  order ;  in  which  case,  the  member  so  called  to  order  shall  imme- 
diately sit  down,  but  may  be  permitted,  with  leave  of  the  House 
to  explain ;  and  the  House  shall,  if  appealed  to,  decide  the  case, 
but  without  debate.  If  there  be  no  appeal,  the  decision  of  the 
Chair  shall  be  submitted  to ;  if  the  decision  be  in  favor  of  the 
member  called  to  order,  he  is  at  liberty  to  proceed.  If  the  case 
requires  it,  he  shall  be  liable  to  the  censure  of  the  House. 

18.    When  two  or  more  members  happen  to  rise  at  once,  the 
Speaker  shall  designate  the  member  entitled  to  speak. 
14.    No  member  shall  speak  more  than  once  on  the  same  ques- 


HOUSE   RULES.  H 

tion,  without  leave  of  the  House,  nor  more  than  twice  until  every 
member  choosing  to  speak  shall  have  spoken. 

15.  Whilst  the  Speaker  is  putting  any  question,  or  addressing 
the  House,  none  shall  walk  out  of  or  across  the  house,  or  when  a 
member  is  speaking,  shall  entertain  private  discourse,  nor  whilst 
a  member  is  speaking  pass  between  him  and  the  Chair. 

16.  No  member  shall  vote  on  any  question  in  the  event  of 
which  he  is  personally  interested ;  or  in  case  where  he  was  not 
present  when  the  question  was  put,  unless  the  Speaker  again  states 
the  question. 

17.  Upon  a  division  and  count  of  the  House  on  any  question, 
no  member  without  the  bar  shall  be  counted. 

18.  Every  member  who  shall  be  in  the  House  when  the  ques- 
tion is  put,  shall  give  his  vote,  unless  the  House,  for  special  rea- 
sons, shall  excuse  him ;  but  such  member  must  ask  to  be  excused 
before  commencing  to  take  the  vote  on  the  main  question. 

19.  When  a  motion  is  made  and  seconded,  it  shall  be  stated  by 
the  Speaker ;  or  being  in  writing,  it  shall  be  handed  to  the  Chair, 
and  read  aloud  by  the  Clerk  before  debated. 

20.  Every  motion,  except  subsidiary  or  incidental  motions^ 
shall  be  reduced  to  writing  if  the  Speaker  or  any  member  desire  it; 
but  this  exception  shall  not  apply  to  motions  to  amend. 

21.  All  bills,  resolutions,  petitions,  memorials,  or  other  papers, 
shall  be  accompanied  by  the  name  of  the  member  presenting  the 
same,  and  also  the  name  of  the  county. 

22.  After  a  motion  is  stated  by  the  Speaker,  or  read  by  the 
Clerk,  it  shall  be  deemed  to  be  in  the  possession  of  the  House,  but 
may  be  withdrawn  by  leave  of  the  House. 

23:  When  a  question  is  under  debate,  no  motion  shall  be  re- 
ceived but  to  adjourn;  to  lie  on  the  table;  for  the  previous  ques- 
tion ;  to  postpone  to  a  day  certain ;  to  commit  or  amend ;  to  post- 
pone indefinitely;  which  several  motions  shall  have  precedence  in 
the  order  in  which  they  are  arranged,  and  no  motion  to  postpone 
to  a  day  certain ;  to  commit  or  postpone  indefinitely,  being  deci- 
ded, shall  again  be  allowed  on  the  same  day  and  at  the  same  stage 
of  the  bill  or  proposition.  A  motion  to  strike  out  the  enacting 
words  of  a  bill  shall  have  precedence  of  a  motion  to  amend,  and, 
if  carried,  shall  be  considered  equivalent  to  its  rejection. 

24.    When  a  resolution  shall  be  offered,  or  a  motion  made  to  re- 


12  HOUSE   BULBS. 

ier  any  subject,  and  different  committeea  shall  be  proposed,  the 
question  shall  be  taken  in  the  following  order :  The  Committee  of 
the  Whole  House ;  a  Standing  Committee ;  a  Select  Committee. 

25.  A  motion  to  adjourn  shall  always  be  in  order,  except  when 
a  member  is  speaking,  or  the  House  voting. 

26.  The  previous  question  shall  always  be  in  this  form :  ^^  Shall 
the  main  question  be  now  put?"  It  shall  only  be  admitted  when 
demanded  by  a  majority  of  the  members  present,  and  its  effect 
shall  be  to  put  an  end  to  all  debate,  and  bring  the  House  to  a  direct 
vote  upon  amendments,  and  then  upon  the  main  question.  On  a 
motion  for  the  previous  question,  and  prior  to  the  seconding  of  the 
same,  a  call  of  the  House  shall  be  in  order ;  but  after  a  majority 
shall  have  seconded  such  motion  no  call  shall  be  in  order  prior  to 
the  decision  of  the  main  question. 

27.  Motions  to  lie  on  the  table,  to  adjourn,  and  for  the  previous 
question,  shall  be  decided  without  debate. 

28.  When  a  question  is  postponed  indefinitely,  it  shall  not  be 
again  acted  upon  during  the  session. 

29.  Any  member  may  call  for  a  division  of  the  question,  which 
shall  be  divided  if  it  comprehends  questions  so  distinct  that  one  be" 
ing  taken  away,  the  rest  may  stand  entire  for  the  discussion  of  the 
House ;  a  motion  to  strike  out  being  lost,  shall  preclude  neither 
amendment  nor  a  motion  to  strike  out  and  insert.  A  motion  to 
strike  out  and  insert  shall  be  deemed  divisible. 

30.  Motions  and  reports  may  be  committed  at  the  pleasure  of 
the  House. 

81.  No  motion  or  proposition  on  a  subject  different  from  that 
under  consideration,  shall  be  admitted  under  color  of  amendment. 

32.  When  a  motion  shall  have  been  once  made  and  carried  in 
the  affirmative  or  negative,  it  shall  be  in  order  for  any  member  in 
the  majority  to  move  for  the  reconsideration  thereof,  on  the  same 
or  succeeding  day,  and  such  motion  shall  take  precedence  of  all 
other  questions,  except  a  motion  to  adjourn. 

33.  Petitions,  memorials  and  other  papers  addressed  to  the 
House,  shall  be  presented  by  the  Speaker,  or  by  a  member  in  his 
place,  a  brief  statement  of  the  contents  thereof  shall  verbally  be 
made  by  the  introducer,  and  shall  not  be  debated  or  decided  on  the 
day  of  their  being  first  read,  unless  where  the  House  shall  direct 
otherwise,  but  shall  lie  on  the  table,  to  be  taken  up  in  the  order 
they  were  read. 


HOUSE  RULES.  13 

34.  A  proposition  requo^ting  information  from  the  Governor, 
Secretary  or  any  other  State  OflScer,  shall  lie  on  the  table  one  day, 
for  consideration,  unless  otherwise  ordered  by  unanimous  consent 
of  the  House;  and  all  such  propositions  shall  be  taken  up  for  con- 
sideration in  the  order  they  were  presented,  immediately  after  re- 
ports are  called  for  from  select  committees,  and  when  adopted,  the 
Clerk  shall  cause  the  same  to  be  delivered. 

35.  Any  five  members,  if  the  Speaker  be  in  the  Chair,  shall  be 
authorized  to  compel  the  attendance  of  absent  members. 

86.  Upon  calls  of  the  House,  or  in  taking  the  yeas  and  nays 
on  any  question,  the  names  of  the  members  shall  be  called  alphar 
betically. 

37.  No  member  shall  absent  himself  from  the  services  of  the 

« 

House  without  leave,  unless  he  be  sick,  or  unable  to  attend. 

38.  Upon  the  call  of  the  House,  the  names  of  the  members  shall 
be  called  over  by  the  Clerk,  and  the  absentees  noted,  after  which 
the  names  of  the  absentees  shall  again  be  called  over,  and  the  Ser* 
geant-at-Arms  shall  be  directed  by  the  Speaker  to  compel  their 
attendance. 

39.  No  Committee  shall  sit  during  the  sitting  of  the  House 
without  special  leave. 

40.  A  majority  of  the  members  shall  constitute  a  quorum,  and 
upon  the  demand  of  any  two  members,  the  yeas  and  nays  shall  be 
ordered. 

41.  The  hour  to  which  this  House  shall  stand  adjourned  from 
day  to  day,  shall  be  10  o'clock  A.  M.,  and  2  o'clock  P.  M.,  unless 
otherwise  ordered  by  the  House. 

OF  BILLS. 

42.  Every  bill  shall  receive  three  several  readings;  but  no  bill 
shall  have  its  second  and  third  readings  on  the  same  day. 

43.  The  first  reading  of  a  bill  shall  be  for  information;  and  if 
opposition  be  made  to  it  the  question  is:  "Shall  this  bill  be  reject- 
ed ? "  If  no  opposition  be  made  or  if  the  question  to  reject  be  neg- 
atived, the  bill  shall  go  to  its  second  reading  without  a  question. 

44.  Upon  a  second  reading  of  a  bill,  tiie  Speaker  shall  state  that 
it  is  ready  for  commitment,  amendment  or  engrossment;  and  if 
committed,  then  the  question  shall  be,  whether  to  a  select  or  stand- 
ing committee,  or  to  a  committee  of  the  Whole  House.    If  to  a 


14  HOUSE   RULB& 

committee  of  the  Whole  House,  the  House  shall  determine  on  what 
day ;  but  if  the  bill  be  ordered  to  be  engrossed,  the  House  shall 
appoint  the  day  when  it  shall  be  read  a  third  time. 

45.  After  a  bill  has  been  committed  and  reported  back,  it  shall 
be  considered  on  its  second  reading  after  the  amendments  of  com* 
mittee  have  been  read. 

46.  After  the  commitment  and  the  report  thereof  to  the  House, 
or  at  any  time  before  its  passage,  a  bill  may  be  recommitted. 

47.  All  bills  ordered  to  be  engrossed,  shall  be  executed  in  a  fair 
round  hand. 

48.  No  amendment  unless  by  way  of  rider,  shall  be  received  to 
any  bill  on  its  third  reading,  and  no  debate  shall  be  allowed  on  the 
same. 

49.  When  a  bill  shall  pass,  it  shall  be  certified  by  the  Clerk, 
noting  the  day  of  its  passage  at  the  foot  tl^ereof. 

50.  Ko  standing  rule  or  order  of  the  House  shall  be  rescinded 
or  changed,  without  one  day's  notice  being  given  of  the  motion 
therefor,  nor  shall  any  rule  be  suspended  except  by  a  vote  of  at 
least  two-thirds  of  the  members  present;  nor  shall  the  order  of 
business  as  established  by  the  rules  of  the  House,  be  postponed  or 
changed,  except  by  a  vote  of  at  least  two-thirds  of  the  members 
present. 

51.  It  shall  be  in  order  for  the  committee  on  enrolled  bills  to 
report  at  any  time. 

5i.  No  bill,  memorial  or  joint  resolution,  shall  be  printed  unless 
ordered  by  the  House. 

53.  When  any  matter  is  referred  to  a  standing  committee  by 
motion  of  any  member,  it  shall  be  the  duty  of  the  Chairman  of 
such  standing  committee,  to  notify  such  member  of  the  time  of  their 
sitting  upon  such  matter  so  referred;  and  said  member  shall  be 
permitted  to  confer  with  such  committee  during  their  consideration 
of  such  matter. 

54.  The  following  shall  be  the  Standing  Committees : 

Committee  on  Constitutional  Amendments. 

^^  Ways  and  Means. 

"  The  Judiciary. 

^^  Claims. 

"  Schools  and  State  University. 

^^  Military  Affairs. 


HOUSE  RULB&                                          n 

Committee 

on  Enrolled  Bills. 

cc 
ii 
i( 

■ 

''    Engrossed  Bills. 

^^    Expenditures. 

"    Soads  and  Highways. 

"    Township  and  County  Orgamzation. 

"    Public  Buildings  and  Property. 

'^    New  Counties.                                            «^ 

4( 

"    Agriculture. 
"    Elections. 

(4 
ii 

"    Tncorporations. 

"    Improyement  of  Des  Moines  River. 

"    Federal  BelationR. 

ii 

ii 

^^    Internal  Improyements. 
"    Charitable  Ijistitutions. 

(i 

"    Public  Lands. 

ii 
ii 

"    Library. 
'^    Railroads. 

ii 
(C 

^^    Banks  and  Banking. 

"    Printing. 

*'    Rules  of  the  House. 

(C 

*'    Domestic  Manufactures. 

c< 

"    Judicial  Districts. 

(« 

^^    State,  Senatorial  and  Judicial  Districts. 

C4 
44 
44 
44 

*'    Congressional  Districts. 
"    Police  Regulations. 
"    Suppression  of  Intemperance. 
^^    Sanitary  Affidrs. 

65.    The  rules  of  Parliamentary  Practice  shall  gorem  the  Honse 
in  all  cases  where  they  are  not  inconsistent  with  the  standing  roles 

of  this  Honse  and  the  joint  rules  of  both  Houses. 
56.    Joint  Besolutions  shall  not  be  required  to  be  framed  or 

treated  as  a  bill,  but  shall  be  subject  only  to  the  rules  pertaining  to 
ordinary  and  concurrent  resolutions. 

OF  OOMMITTEB  OF  THB  WHOLE  HOUSR 

67.  In  forming  committees  of  the  Whole  House,  the  Speaker 
shall  leaye  his  chair,  and  a  Chairman  to  preside  in  committee  shall 
be  appointed  by  the  Speaker. 

58.    Upon  bills  committed  to  the  conmiittee  of  the  Whole  House, 


IQ  H0U8E  BULBS. 

the  bill  shall  be  first  read  throughout  by  the  Clerk  or  Ohairman, 
and  then  again  read  or  debated  by  clauses,  leaving  the  preamble 
to  be  last  considered;  after  report,  the  bill  shall  be  again  subject  to 
be  debated  and  amended  by  clauses,  before  a  question  to  engross  it 
be  taken. 

99.  All  amendments  made  to  an  original  motion  in  committee, 
shdl  be  incorporated  with  the  motion,  and  so  reported. 

60.  All  amendments  made  to  a  report  committed  to  a  committee 
of  the  Whole  House,  shall  be  noted  and  reported,  as  is  the  case  of 
biUs. 

61.  In  filling  up  blanks  in  the  committee  and  in  the  House, 
the  largest  sum  and  longest  time,  and  the  highest  number  shall  be 
first  put. 

62.  The  Rules  of  the  House  shall  be  observed  in  committee  of 
the  Whole  House,  so  far  as  they  are  applicable. 


stj^istding  committees. 


(hnsHtuiional  Amendments — Wolt^  Elliott,  Fenn,  DaJi  Oarbee, 
Campbell  and  Buckham. 

Ways  and  Means — ^Messrs.  Gilchrist,  Merriam,  Bereman,  Weare, 
Stargis,  Hunyan,  Oliveri  Littler,  McNutt  and  lUchaitls. 

Judiciary — Messrs.  Bereman,  Moir,  Stiles,  Bussell  of  Waidiing* 
ton,  Hale,  Burke,  HoWridge,  Wolf,  Joy,  Elliott  and  McCormiok. 

Claims — ^Moir,  Sears,  Kussell  of  Jones,  Jeffries,  Clark,  Carey, 
Thompson,  Kelson  and  Simpson. 

Schools  and  State  Uhiversity — ^Messrs.  Hildreth,  Finkbine,  Darby, 
Parker,  Moir,  Wolf,  Dorr,  McNntt  and  Vinton. 

Military  Affairs  —  Messrs.  Andrews  of  Keoknk,  McCall, 
McEnight,  Johnson,  Moir,  Parker,  McCormiok,  Sanderson  and 
Galland. 

Enrdfled  BiUs — ^Messrs.  Runyan,  Horton  and  Kelson. 

Engrossed  BiUs — ^Messrs.  Holdridge  and  Vinton. 

Mopenditures — Messrs.  Parker,  Hixon,  Horton,  Andrews  of 
Keokuk,  Russell  of  Jones,   Gose,  Green,  Johnson  and  King. 

Roads  and  Highways — Dorr,  Spurrier,  Brown,  Perry,  Cort  and 
Fry. 

County  a/nd  To^pnship  Organiaaiions — Messrs.  Kelson,  Bell, 
Panlk,  Gose,  Skiles,  Horton,  Johnson,  Potter,  Stanton  and  Fuller. 

PMic  Buildings  amd  Property — Messrs.  Hale,  Baylies,  Mills, 
Magill,  Gose,  Simpson  and  Campbell. 

NetD  CownUes — Davis,  Vinton,  Pritchard,  Sturgis,  Sears,  Sander- 
son and  Potter. 

Agriculture — ^Messrs.  Thompson,  Maxwell,  Dorr,  Garrett,  King, 
Close,  McMaken,  Lindlay:  and  Jeffries. 

Elections — ^Messrs.  Littler,  Lathrop,  Pritchard,  Helm,  White, 

Mnnnsell  and  Lindsey. 
3 


Ig  STANDING  OOMMITTEEa 

InooTporcntion^ — ^Messrs.  Bell,  Bromley,  Andrews  of  Decaturi 
Carey,  Clark,  Darby,  Garrett  and  Glendenning. 

Im^ovemeni  of  De%  Mbi/nea  jRiver — ^Messrs.  Logan,  McCall, 
Maxwell,  Lindlay,  McCormiek,  Lindeey,  Fry  and  Carey. 

Federal  Bdatians — ^Messrs.  Bussell  of  Washington,  Spurrier, 
Sears,  Bromley,  Stanton,  Davis,  White,  Van  Sandt  and  Horst 

IrUerruU  Improvements — ^Van  Sandt,  White,  Green,  Sturgis, 
McKnight,  Latham,  Knox  and  Close. 

Charitable  Institutions  —  Finkbine,  Rnnyan,  Davis,  Lyons, 
Brown,  Brace,  Latham  and  Fuller. 

PMic  La/nds — ^Rnssell  of  Jones,  Merriam,  Davis,  Hixon,  Day, 
Carbee  and  Smith. 

Library — Stiles,  Burke,  Joy,  Bereman,  Sanderson,  Hale,  Darby 
and  Glendenning. 

Raid  Roads — Magill,  Baylies,  Logan,  Galland,  Nelson,  Oliver 
and  Bruce. 

Bamks  and  Banking — ^Messrs.  Weare,  Gilchrist,  Littler,  Bell, 
Magill,  Hildreth,  Skiles  and  McMakin. 

Printmg — ^McNutt,  Logan,  Hildreth,  Fenn,  Van  Sandt,  Meiss- 
ner  and  Clark. 

Rvles — ^Messrs.  Elliott,  Russell  of  Washington,  Faulk,  Munnsell, 
Sweet  and  Andrews  of  Decatur. 

Domestic  Mamifa^tures — Messrs.  Helm,  Glendenning,  Andrews 
of  Decatur,  Fry,  O'Brien,  Buckham,  Lindlay  and  Christoph. 

Jvdioial  Districts — ^Messrs.  Burke,  Sturgis,  Joy,  Sweet,  Lindsey, 
Bell,  Meissner  and  McCormiek. 

Senatorial  and  Representative  Districts — Messrs.  Baylies,  Fink- 
bine, Horton,  Maxwell,  Lyons,  Mills,  Lathrop  and  Knox. 

Congressional  Districts — ^Messrs.  Merriam,  Richards,  Hurst, 
Pritchard,  Potter,  Smith,  Green,  Stanton,  King,  Campbell  and 
Perry. 

Police  Regxdations — ^Messrs.  Sears,  OBrien,  Meissner,  Simpson, 
Oliver,  Lindsey  and  Cort. 

Suppression  of  Intemperam^ — Stiles,  Pritchard,  Glendenning, 
Lyons,  Wolf,  Sweet,  White. 

Sanitary  Af airs— 'RusBeO.  of  Washington,  Galland,  Bromley, 
Johnston,  McCall,  Carey,  Latham. 


JOINT  iiur.ES. 


1.  In  every  case  of  disagreement  between  the  two  Ho.uses,  if 
either  House  requests  a  conference,  and  appoints  a  Committee  for 
that  purpose,  the  other  House  shall  appoint  a  Committee  to  ctonfer 
therewith  upon  the  subject  of  their  disagreement. 

They  shall  meet  at  a  convenient  time  to  be  agreed  upon  by  their 
Chairmen,  and  having  conferred  freely,  each  shall  report  to  their 
respective  House  the  result  of  their  conference.  Should  either 
House  disagree  to  the  report  of  the  Committee,  such  House  shall 
appoint  a  second  Committee,  and  request  a  further  conference, 
which  shall  be  acceded  to  by  the  other  house  before  adhering* 
The  motion  for  a  Committee  of  Conference  and  the  report  of 
such  Comnaittee,  shall  be  in  order  at  any  time.  When  both  Houses 
shall  have  adhered  to  their  disagreement,  a  bill  or  resolution  is  lost 

2.  When  a  message  shall  be  sent  from  either  House  to  the 
other,  it  shall  be  announced  at  the  door  of  the  House  to  which  it  is 
sent,  by  the  door-keeper  thereof,  and  shall  be  respectfully  commu-  . 
nieated  to  the  Chair  by  the  person  by  whom  it  is  sent. 

3.  All  messages  between  the  two  Houses  shall  be  communica- 
ted by  the  Secretary  or  Chief  Clerk,  or  their  respective  assistants. 

4.  When  a  bill  shall  have  passed  both  Houses,  it  shall  lie  duly 
enrolled  by  the  Enrolling  Clerk  of  the  House  in  which  it  originar 
ted,  and  the  fact  of  its  origin  shall  be  certified  by  the  endorsement 
of  the  Secretary  or  Clerk  thereof. 

5.  When  bills  are  enrolled  they  shall  be  examined  by  a  Joint 
Committee  of  two  from  the  Senate  and  two  from  the  House  of 
Representatives ;  who  shall  be  a  Standing  Committee  for  that  pur- 
pose, and  who  shall  carefully  compare  the  enroUmedt  with  the  en- 
grossed  bills,  as  passed  in  the  Houses,  correct  any  errors  therein, 
and  make  report  thereof  forthwith  to  their  respective  Houses. 

6.  After  said  report,  each  bill  shall  be  signed,  first  by  the 


20  JOINT  RULES. 

Speaker  of  the  Honse  of  Kepresentatives,  and  then  hj  the  Presi- 
dent of  the  Senate,  in  the  presence  of  their  respective  Houses. 

7.  After  the  bill  shall  have  been  thus  signed  in  each  House,  it 
shall  be  presented  by  said  Committee  to  the  Governor  for  his 
approval,  and  they  shall  forthwith  report  the  day  of  presentation, 
which  shall  be  entered  upon  the  Journal  of  the  House  in  which 
the  bill  originated. 

8.  AU  orders,  resolutions,  memorials,  or  other  votes  which  are 
to  be  presented  to  the  Governor  for  his  approval,  shall  be  enrolled, 
examined,  signed  and  presented  in  the  same  manner  as  bills. 

9.  When  any  bill,  joint  resolution,  or  memorial,  which  shall 
have  passed  in  one  House  is  rejected  in  the  other,  notice  of  said 
rejection  shall  be  given  to  the  House  which  passed  the  same. 

10.  When  a  bill,  resolution,  or  memorinl,  which  shall  have 
passed  one  House,  is  rejected  in  the  other,  it  shall  not  be  again 
introduced  during  the  session  without  five  day's  notice,  and  leave 
of  two-thirds  of  the  members  voting  thereon. 

11.  Each  House  shall  transmit  to  the  other,  with  any  bill,  reso- 
lution, or  memorial,  all  papers  upon  which  the  same  shall  be 
founded. 

12.  When  any  report,  bill,  or  resolution,  shall  be  ordered  print- 
ed, by  either  House,  without  stating  the  number,  five  hundred 
copies  shall  be  printed  for  the  use  of  both  Houses  ;  but  when  any 
bill  or  resolution  which  may  have  passed  one  House,  is  ordered  to 
be  printed  by  the  other,  a  greater  number  of  copies  shall  not  be 
printed  than  the  House  making  the  order  shall  determine. 

18.  It  shall  be  the  duty  of  the  Chief  Clerk  of  the  House  of 
Representatives,  and  the  Secretary  of  the  Senate,  when  any  docu- 
ment, except  bills  and  resolutions,  is  ordered  to  be  printed  in  their 
respective  Houses,  forthwith  to  communicate  such  order  to  the 
Other  House. 

14.  In  all  elections  in  Joint  Convention  of  the  two  Houses,  the 
names  of  the  members  shall  all  be  arranged  in  alphabetical  order, 
and  they  shall  be  called  upon  to  vote  in  the  order  in  which  they 
stand  arrangred. 


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BIEN"]Sri-A.IL,   MESSA-OE 


DELIVEBBD  TO  THE 


TENTH  GENERAL  ASSEMBLY 


07  THB 


BY 


OOVERNOR   SAMUEL   J.   KIRKWOOD. 


DBS  MOINES: 

F.  W.  PALMER,  STATE  PRINTER. 
1864 


aOVERNOR'S   MESSu^OE. 


GenUemen  of  the  Senate  and  Home  of  Representatives  : 

I  am  happy  to  be  able  to  congratulate  you  upon  the  prosperity 
of  our  State.  During  the  last  two  years  our  people  have  enjoyed 
their  usual  good  health  and  have  secured  reasonably  abundant 
harvests.  Labor  has  been  well  rewarded,  and  the  products  of 
labor  have  brought  remunerative  prices.  The  educational  interests 
of  the  State  are  as  prosperous  as  ever;  and  peace  and  good  order 
within  our  borders,  although  on  one  or  two  occasions  somewhat 
imperiled,  have  been  maintained. 

Let  us  render  thanks  to  God  for  these  blessings  vouchsafed  us 
during  the  existence  of  a  desolating  war,  that  has  so  scourged  a 
large  portion  of  our  land. 

FINANCES. 

Our  State  finances  have  never  before  been  in  a  more  healthy 
condition.  Our  entire  State  debt  is  only  $622,295.75,  consisting 
of  loan  from  School  Fund  $122,295.75 ;  loan  of  1858  $200,000, 
and  war  loan  of  1861  $300,000.  Of  the  $800,000  of  war  Bonds 
authorized  to  be  sold,  $500,000  remain  on  hand — none  have  been 
offered  since  the  $300,000  were  sold;  and  it  is  believed  no  further 
6aXes  will  be  ne^ssary. 

The  report  of  the  State  Auditor  shows  that  the  moneys  now  in 
the  Treasury,  the  delinquent  taxes,  the  amount  estimated  to  be 
due  from  the  United  States,  and  the  taxes  for  1863  and  1864,  are 
sufficient  to  pay  the  estimated  expenditures  for  the  next  two 
years,  the  outstanding  Warrants  on  the  Treasury,  and  our  en- 
tire State  debt,  leaving  a  balance  in  favor  of  the  Treasury  of  about 

$200,000. 
Provision  should  be  made  for  the  redemption  of  the  bonds  is6ued 

in  1858  and  1861-2  as  they  iGall  due.     I  recommend  that  a  sufficient 

sum  be  set  aside,  annually,  for  this  purpose,  and  invested,  with  its 


4  GOVERNOR'S   MESSAGE. 

accnmulations,  in  United  States  or  other  good  stocks.  In  my  judg- 
ment, the  amount  due  the  School  Fund  should  be  permitted  to 
remain  as  a  permanent  debt  of  the  Stat^.  The  State  is  trustee  of 
this  fund  and  liable  for  all  losses  thereto;  and  there  can  be  no  safer 
mode  of  investing  this  amount  of  the  fund,  than  the  present. 

The  Report  of  the  Auditor  still  shows  ^  large  amount  of  delin- 
quent taxes.  So  much  of  this  as  is  due  upon  real  estate  will  be 
finally  paid;  but  it  is  thought,  a  very  considerable  portion  of  the 
delinquency  is  due  upon  personal  property,  by  persons  not  owning 
any  real  estate,  much  of  which  will  be  lost. 

Under  our  revenue  law  real  estate  is  assessed  biennially,  and 
personal  property  annually.  The  assessments  are  made  between 
the  1st  of  January  and  the  Ist  of  April;  the  levy  is  made  in  Sep- 
tember, and  the  taxes  become  delinquent  on  the  1st  of  February 
of  the  next  year.  It  thus  happens  that  persons  may  bring  into  the 
State,  for  sale,  or  may  buy  within  the  State,  large  amounts  of  per- 
sonal property,  which  are  assessed  to  them  for  taxation ;  may  keep 
and  use  the  same,  within  the  State,  more  than  a  year,  and  finally 
dispose  of  it  before  the  tax  becomes  delinquent;  and  if  such  per- 
sons do  not  own  real  estate  in  the  same  County  in  which  the  per- 
sonal property  was  assessed,  there  are  no  means  of  compelling 
payment  of  the  taxes  due.-  This  defect  in  the  law  should  be 
remedied  in  justice  to  the  State,  and  to  the  owners  of  real  estate, 
who  already  bear  their  full  share  of  the  public  burdens. 

I  renew  the  following  recommendations,  made  by  me  to  the 
Ninth  General  Assembly : 

"  In  order  to  make  the  revenue  of  the  State  more  certain,  I  re- 
commend that  the  County  Treasurers  be  reqiiired  bylaw  to  pay  the 
State  Treasurer,  at  fixed  times,  certain  proportions  of  the  amount 
of  revenue  due  to  the  State,  until  the  entire  sun^for  each  year  is 
paid,  whether  the  County  Treasurers  have  received  the  entire 
amount  of  State  tax  or  not.  At  present  the  State  is  wholly  helpless 
as  to  its  revenue.  It  has  to  depend  wholly  upon  the  officers  of 
Counties  for  its  collection  and  transmission,  and  if  the  County 
officers  are  inefficient,  the  State  is  remediless.  Each  County  is 
now  liable  by  law  to  the  State  for  the  amount  of  State  tax  assessed 
in  it,  but  this  liability,  without  any  means  of  making  it  effective,  is 
useless.  If  the  Counties  were  required  to  pay  the  revenue  due  the 
State,  whether  collected  or  not,  the  County  Supervisors  would  be 


GOVERNOR'S  MESSAGE.  5 

• 

stimulated  to  require  of  the  Treasiirer  a  strict  performance  of  his 
duties ;  and  if,  in  addition,  you  should  so  change  the  present  law 
as  to  give  County  Treasurers  in  lieu  of  salary,  a  per  centum  on  the 
amount  of  money  collected  and  disbursed,  or  provide  for  township 
collectors,  to  be  paid  in  the  same  way,  our  taxes  would,  in  my 
opinion,  be  more  punctually  paid." 

"I  also  recommend  that  it  be  made  the  duty  of  the  Board  of 
Supervisors  of  each  county  to  employ  a  competent  accountant,  once 
in  each  year,  to  examine  the  accounts  of  each  county  officer,  and 
state  an  account  between  each  officer  and  his  county,  and  between 
officer  and  officer;  and  also  that  County  Treasurers,  and  all  other 
persons  who  receive  public  moneys,  be  prohibited,  under  severe 
penalties,  from  using  them  in  any  way,  or  placing  them  with  others 
to  be  used,  for  their  private  benefit." 

There  is  due  this  State,  from  the  United  States,  for  expenses  in- 
curred by  the  State  in  raising  and  equipping  troops,  and  sending 
them  to  the  field,  and  for  other  purposes  growing  out  of  the  rebel- 
lion, the  estimated  amount  of  $300,000.  There  is  much  difficulty 
in  procuring  an  adjustment  of  this  claim  at  Washington.  When 
these  moneys  were  expended  by  the  State,  there  was  no  law  of 
Congress,  or  regulation  of  the  Federal  Government,  prescribing  the 
form  in  which  proof  of  the  expenditures  should  be  taken;  and  the 
General  Assembly  of  this  State  provided,  by  law,  for  such  proofs' 
and  vouchers  as  were  deemed  sufficient,  both  for  the  protection  of 
the  State  and  the  United  States.  Upon  presentation  of  these  proofs 
and  vouchers  to  the  proper  Department  at  Washington,  they  are 
found  not  to  comply,  in  form,  with  regulations  since  adopted  by 
that  Department;  and  it  is  doubtful  whether  they  will  be  allowed 
without  some  legislation  by  Congress.  Some  portions  of  these 
expenditures,  thus  made,  are  also  objected  to  as  not  coming  within 
the  letter  of  existing  laws  of  the  United  States.  Among  these  are 
the  sums  paid  by  the  State  for  the  subsistence  and  pay  of  the  troops 
that  went  from  this  State  to  Missouri,  at  the  request  of  United 
States  officers,  under  the  command  of  Colonels  Edwabds  and 

MOBLEGE. 

There  is,  also,  an  unsettled  claim  against  the  United  States,  for 
expenditures  by  the  State,  for  the  protection  of  our  people  during 
the  two  winters  following  the  massacre  on  our  north-western 
frontier,  by  Ink-pa-du-tah  and  his  band.    The  United  States  are 


6  QOYERNOR'B   MESSAGB. 

also,  in  my  judgment,  justly  liable  for  the  amounts  expended  by 
this  State  in  protecting  our  people  on  the  north-western  and  south- 
em  borders  since  the  commencement  of  the  rebellion.  I  recom- 
mend the  appointment  of  an  agent  of  the  State  to  proceed  to 
Washington  to  press  the  adjustment  of  these  claims,  and  to  secure, 
if  necessary,  additional  legislation  by  Congress  for  that  purpose. 

The  expenditures  of  the  State  on  the  north-western  and  southern 
borders  are  made  payable,  by  law,  out  of  the  War  and  Defense 
Fund.  This  fund  was  found  to  be  insufficient,  and,  in  June  last, 
a  large  amount  of  warrants  on  that  fund  were  outstanding  and 
drawing  iuterest  for  want  of  means  to  pay  them.  There  was,  at 
the  same  time,  a  large  amount  of  ordinary  revenue  in  the  Treasury 
not  needed  for  ordinary  expenses,  and  the  Auditor  and  Treasurer, 
upon  consultation  with  me,  decided  to  apply  the  ordinary  revenue 
to  the  payment  of  the  War  and  Defense  Fund  warrants,  so  far  as 
it  could  be  done  without  interfering  with  the  payment  of  ordinary " 
revenue  warrants  as  presented.  This  was  done  to  the  amount  of 
about  $159,000,  and  thereby  a  considerable  amount  in  interest  was 
saved  to  the  State.  As  some  doubt  exists  as  to  the  strict  legality 
of  this  course,  the  matter  is  laid  before  you  that  you  may  take  such 
action  as  may  be  necessary.  If  the  amount  due  from  the  United 
States  could  be  recovered,  it  would,  probably,  be  sufficient  to  reim- 
burse the  revenue  frmd  and  redeem  all  outstanding  warrants  and 
claims  on  the  War  and  Defense  Fund. 

In  my  judgment,  aU  real  estate  should  be  carried  on  the  tax 
books  in  the  name  of  the  true  owners;  and  this  result  can  be  effected 
with  very  little  labor  and  expense,  by  requiring  the  Treasurers  to 
furnish  the  Assessors  with  complete  lists  of  the  names  of  all  real 
estate  owners,  as  shown  by  the  last  tax  book;  to  correct  the  names 
erroneously  entered,  whenever  such  error  is  shown  upon  the  pay- 
ment of  taxes,  and  by  requiring  all  deeds  to  be  presented  to  the 
Treasurer  for  the  transfer  of  the  real  estate  therein  described  to  the 
new  owner,  before  the  same  can  be  recorded. 

I  recommend  the  enactment  of  a  law  for  receiving  the  new 
national  currency,  and  a  modification  of  the  present  law  for  receiv- 
ing the  notes  of  branches  of  the  State  Bank,  that  both  may  be 
available  in  payment  of  taxes.  As  the  law  now  stands,  the  notes 
of  said  branches  cannot,  legally,  be  received  after  any  one  of  them 
shall  have  suspended  specie  payment.     A  change  of  the  law  so  as 


GOYBRNOR'S  MESSAGE.  7 

to  authorize  the  receipt  of  these  notes,  so  long  as  they  shall  be 
redeemed  in  legal  tender  notes  of  the  United  States,  would,  in  my 
judgment,  be  wise  and  proper. 

I  cannot  leave  this  subject  without  special  mention  of  the  Board 
of  Auditing  Commissioners.  I  am  well  satisfied,  that,  to  thoiir 
fiaithfiil  and  impartial  discharge  of  their  duties,  the  State  is  largely 
indebted  for  its  protection  against  improper  claims,  and,  conse- 
quently, for  its  healthy  financial  condition. 

THE  SCHOOL  AND  UNIVERSITY  FUNDS. 

The  situation  of  these  funds  demands  your  earnest  attention. 
You  are  their  guardians  and  and  custodians.  Upon  their  man- 
agement depends,  to  a  great  degree,  the  educational  interests  of 
the  State  ;  and  upon  the  proper  education  of  our  youth  depends 
the  welfare  and  safety  of  our  Government. 

I  cannot  approve  the  system  by  which  these  funds  are  now  man- 
aged. The  principal,  received  by  the  State  in  cash,  has  been  dis- 
tributed among  the  counties,  to  be  loaned  to  individuals  by  certain 
county  officials  ;  at  one  time  by  the  School  Fund  Commissioners, 
at  another  by  the  County  Judges,  and  now  by  the  County  Clerk, 
subject  to  a  limited  control  by  the  Board  of  Supervisors.  Would 
any  of  you,  having  a  large  amount  of  money  to  lend,  lend  it 
through  those  agencies  ?  If  not,  is  it  right  to  do  so  w^i  the  pub- 
lic money  ?  Is  it  not  right  and  proper  that  you  should  do,  in  re- 
gard to  these  fimds  just  what  you  would  were  they  your  private 
property  ?  The  present  system  is,  in  my  judgment,  a  bad  one,  for 
two  reasons.  In  the  first  place,  it  must  happen  in  many  cases  that 
the  County  Clerk  is  not  fitted,  by  previous  business  training,  to 
make  safe  and  judicious  investments  ;  especially,  he  may  not  have 
the  necessary  legal  knowledge  to  enable  him  to  determine,  accu- 
rately, the  sufficiency  of  the  title  to  real  estate  offered  as  security 
for  a  loan.  In  the  second  place,  the  money  may  be  used  to  pro- 
mote personal  or  political  objects.  A  corrupt  Clerk  will  use,  and 
an  honest  but  weak  one,  will  be  sorely  tempted  to  use  his  power 
to  lend  these  moneys  to  secure  his  own  political  interest  or  that  of 
his  party  friends.  The  system,  in  my  opinion,  is  wrong  in  theory, 
and  that  it  is  unsafe  in  practice  is  clearly  shown  by  the  large 
amount  of  insufficiently  secured  principal  and  delinquent  interest. 
I  therefore  earnestly  recommend  that  the  lending  of  any  portion 


8  GOVERNOR'S  MEBSAGE. 

of  the  principal  of  said  funds,  as  heretofore,  be  prohibited,  and  the 
enactment  of  a  law  that  will  require  the  investment,  by  the  Treas- 
urer of  State,  of  such  principal,  as  the  same  may  be  paid  in,  in 
stocks  of  the  United  States,  or  of  this  State. 

In  this  connection  I  request  your  special  attention  to  the  Eeport 
of  the  Auditor  of  State  on  this  subject. 

SCHOOL  AND  UNIVERSITY  LANDS. 

The  School  Lands  consist  of  the  five  hundred  thousand  acres 
grant,  and  the  Sixteenth  Section.  Large  quantities  of  these  Lands 
have,  from  time  to  time,  been  sold  by  county  officers,  authorized 
by  law  to  make  such  sales.  These  sales  have  been  generally  made 
upon  time,  the  purchaser  paying  in  hand  a  portion  of  the  purchase 
money,  and  takiag  a  contract  entitling  him  to  a  patent  from  the 
State  upon  the  payment  of  the  balance  with  annual  interest 
Many  of  these  sales  were  made  at  high  prices,  before  the  monetary 
revulsion  of  1857,  and  many  of  the  purchasers  have,  since  that 
revulsion,  failed  to  pay  either  principal  or  interest.  Portions  of 
the  lands  have  thus  become  forfeited  to  the  State  for  non-payment 
of  the  purchase  money,  and  have  been  re-sold  to  other  parties. 
But  there  is  no  sufficient  provision  of  law  requiring  such  forfeitures 
and  re-sales  to  be  reported  to  any  State  officer,  and  the  result  is 
that  it  is  nf  w  impossible  to  ascertain,  from  any  record  at  the  Capi- 
tol, the  number  of  acres  or  the  particular  description  of  the  several 
parcels  of  the  School  Lands  yet  unsold. 

This  condition  of  aftairs  should  not  be  permitted  to  continue, 
and  I  recommend  the  enactment  of  such  laws  as  will  remove  the 
difficulty. 

The  Saline  Lands  and  Funds  are  now  "  a  part  of  the  Permanent 
Fund  "  of  the  State  University.  I  call  your  attention  to  that  part 
of  the  Report  of  the  Register  of  the  State  Land  Office,  which 
shows  the  necessity  for  farther  legislation  in  regard  to  the  issuance 
of  Certificates  of  full  payment  for  the  portion  of  these  lands  al- 
ready sold,  and  recommend  that  the  Treasurer  of  the  University 
be  authorized  to  issue  such  certificates,  and  that  the  power  to  sell 
the  unsold  portion  of  the  lands  be  vested  in  the  Trustees. 

In  many  cases  School  Lands  were  sold,  prior  to  1857,  at  such 
high  prices  that,  after  that  date,  they  were  not  worth  the  amount 
due  on  them.    The  purchasers  have  ceased  to  pay  either  principal 


QOYERKOR'S  MBBSAGE.  9 

or  interest.  I  suggest  the  inquiry,  whether  it  would  not  be  well 
to  provide  for  the  surrender  of  these  lands  to  the  State,  the  pur- 
chaser being  relieved  from  further  liability,  by  forfeiting  payments 
already  made,  without  resort  to  legal  proceedings. 

I  call  your  particular  attention  to  the  full  and  able  report  of  the 
Begister  of  the  State  Land  Office.  It  contains  much  valuable  in- 
formation touching  the  various  land  grants  made  to  the  State,  and 
suggests  several  points  upon  which  further  legislation  is  needed. 

THE  500,000  ACRES  GRANT. 

As  I  have  elsewhere  stated,  it  is  not  possible  to  ascertain,  in  any 
office  here,  the  amount  or  the  description  of  the  various  parcels  of 
this  land  yet  unsold  by  the  State.  The  records  of  the  Register 
show  the  amount  that  has  been  patented  to  purchasers,  but  do  not 
show  how  much  of  the  balance  has  been  sold  or  is  held  under  con- 
tract of  sale,  and  how  much  is  unsold.  This  is  also  true  of  the 
Sixteenth  Section  lands.  The  Ninth  General  Assembly  provided, 
by  law,  for  the  purchase,  for  the  use  of  the  School  Fund,  of  lands 
mortgaged  by  borrowers  of  that  fund,  as  security,  but  the  law  does 
not  provide  for  the  making  of  a  return  to  the  Register,  of  lands 
thus  purchased  and  of  sales  made  thereof  by  the  officers  author- 
ized to  sell.  Information  on  all  these  points  can  be  had,  only,  in 
the  various  counties.  Under  these  circumstances,  it  is  clearly  im- 
possible for  the  State  to  exercise,  over  these  lands  and  their  pro- 
ceeds, that  vigilant  superintendence  it  should  exercise.  These 
lands  were  granted  to  the  State,  in  trust,  for  educational  purposes, 
and  good  faith  to  the  grantor,  as  well  as  the  best  interest  of  the 
State,  involved  in  the  education  of  our  youth,  require  the  utmost 
care  and  vigilance  in  the  execution  of  the  trust. 

I  therefore  recommend  the  passage  of  a  law  making  it  obligar 
tory  upon  the  proper  county  officers  to  make  return  to  the  Register 
of  all  the  lands  of  the  Sixteenth  Section  and  the  600,000  Acres 
Grant,  sold  in  their  respective  counties,  the  dates  of  sales,  the 
names  of  the  persons  to  whom  sold,  the  terms  of  sale,  and  the  ex- 
tent to  which  these  terms  have  been  complied  with,  the  forfeitures 
to  the  State  for  non-payment,  and  the  re-sales  of  the  lands  thus 
forfeited,  with  full  particulars,  and  like  fiiU  information  concerning 
the  lands  mortgaged  by  borrowers  of  the  School  Fund,  and  pur- 
chased by  the  State  for  the  use  of  the  said  fund.  To  secure  uni- 
2 


10  GOVERNOR'S  MESSAGB. 

formity,  it  would  be  well  to  require  the  Begister  to  fiimish  forms 
to  the  county  officers,  and,  to  secure  the  maJdng  of  the  returns,  it 
would  also  be  well  to  provide  for  the  punishment  of  any  officer 
failing  to  make  them. 

The  University  Grant  Lands  are  now  unden^ie  control  of  the 
Trustees  of  the  University,  and  the  Saline  Lanfts^  now  belonging 
to  the  University,  should,  I  think,  be  under  the  same  control.  I 
recommend,  however,  that  the  Register  be  required  to  call  for,  and 
the  Trustees  to  furnish,  information  in  regard  to  these  lands,  simi- 
lar to  that  above  named  in  regard  to  the  School  Lands,  that  the 
Register  may  have,  in  his  office,  full  and  particular  evidence  of 
their  situation. 

THE  DE8  MOINES  RIVER  GRANT. 

Portions  of  these  lands,  above  the  City  of  Des  Moines,  have 
been  sold  to  individuals,  whose  titles  are  now  contested  by  certain 
Railroad  Companies.  I  repeat  a  portion  of  my  communication  to 
the  Ninth  General  Assembly,  on  this  subject,  as  follows: 

"The  State  having  only  conveyed  what  title  it  had  to  these 
lands,  may  not  be,  legally,  liable  to  make  good  any  loss  resulting 
to  others  from  a  failure  of  that  title;  but,  certainly,  is  morally 
bound,  at  least,  to  do  what  may  be  reasonably  and  fairly  done  to 
protect  the  rights  and  interests  of  those  threatened  with  such  loss. 
When  the  State  granted  to  the  Railroad  Companies  the  lands 
granted  to  the  State  by  Congress,  for  Railroad  purposes,  it  was  not 
contemplated  by  the  parties,  certainly  it  was  not  contemplated  by 
the  State,  that  it  was  granting  to  these  Companies  lands  previously 
conveyed  by  the  State  to  others;  and  if,  since  the  making  of  these 
grants,  the  Companies  who  are  to  receive  the  benefit  of  them,  have 
discovered  that,  by  strict  legal  construction,  they  are  entitled  to 
more  than  was  contemplated,  either  by  themselves  or  by  the  State, 
and  are  disposed  to  enforce,  strictly,  these  legal  rights,  to  the  in- 
jury of  innocent  purchasers  from  the  State,  the  State  may,  and,  I 
think,  should  hold  these  Companies,  in  all  things,  to  a  strict  com- 
pliance with  the  terms  of  the  grants  made  to  them.  If  these  Com- 
panies are  now  in  default,  and  ask  the  indulgence  and  clemency  of 
the  State,  it  seems  to  me  the  State  may,  very  properly,  before  ex- 
tending such  indulgence  and  clemency,  enquire  and  know  what 
indulgence  and  clemency  these  Companies  will  extend  to  the  un- 


GOVERNOR'S   MESSAGE.  H 

forhmate  holders  of  these  lands,  and  make  for  the  one,  with  the^ 
other,  such  terms  and  conditions  as  may  be  equitable  and  just  to 
an." 

At  that  Session,  a  law  was  passed  forbidding  the  Governor  to 
certify  any  further  lands  to  the  Dubuque  and  Sioux  City  Eailroad 
Company,  until  said  Company  should  have  released  to  the  State, 
for  the  benefit  of  her  grantees,  the  title  to  such  of  these  lands  as 
were  claimed  by  that  Company.  No  such  release  has  been  given, 
nor  have  any  further  lands  been  certified  to  said  Company. 

There  is  another  conflict  of  title,  between  the  Des  Moines  Navi- 
gation Company,  claiming  as  grantee  of  the  State,  and  the  Rail- 
road Companies  touching  which  the  Report  of  the  Register  will 
afford  you  much  valuable  information.  It  is  very  desirable  that 
these  conflicts  should  be  settled,  because  so  long  as  they  remain' 
unsettled,  the  uncertainty  of  the  title  will  prevent  purchases  from 
either  of  the  contesting  parties,  and  the  lands  will  remain  vacant. 

The  joint  resolution  of  Congress,  of  date  March  3d,  1861,  and 
the  Act  of  Congress,  of  date  July  12th,  1862,  concerning  these 
lands  have,  in  my  judgment,  put  it  in  the  power  of  the  State  to  do 
something  towards  an  amicable  and  equitable  adjustment  of  this 
difficulty,  and  I  recommend  that  an  effort  be  made  to  that  end.  I 
further  recommend  that,  if  such  effort  shall  fail,  the  Attorney  Gen- 
eral of  the  State  be  directed  to  bring,  or  cause  to  be  brought,  in 
the  Courts  of  the  United  States,  if  it  may  be  done,  such  suit  or 
suits  as  will  procure  from  the  Supreme  Court  of  the  United  States 
a  final  decision  of  these  vexed  questions. 

THE  SWAMP  LAND  GRANT. 

I  recommend  the  modification  of  the  law  approved  April  8th, 
1862,  providing  for  the  appointment  of  agents  in  regard  to  these 
lands,  so  as  to  allow  the  appointment  of  but  a  single  agent  on  the 
part  of  the  State,  and  to  prohibit  the  appointment  of  special  agents 
by  counties.  I  am  well  satisfied  that  a  single  agent,  appointed  by 
the  State,  will  be  able  to  effect  more  towards  a  speedy  settlement 
of  the  Swamp  Land  business  of  the  State,  at  Washington,  than  a 
larger  number  will  do. 

The  same  reasons  which  render  desirable  the  settlement  of  the 
conflicting  claims  of  the  Railroad  Companies,  and  the  grantees  of 
the  State,  to  portions  of  the  Des  Moines  River  Grant,  apply  with 


12  GOVERNOR'S   MESSAGE. 

equal  force  to  the  conflict  of  title  that  has  arisen  between  certain 
counties  and  the  Kailroad  Companies  as  to  portions  of  the  Swamp 
Lands.  I  invite  your  careful  examination  of  the  question,  whether 
you  can  do  anything  to  bring  about  a  settlement  of  these  conflict- 
ing claims. 

The  Swamp  Lands  are  granted  to  the  State  upon  the  condition 
"  that  the  proceeds  of  said  lands,  whether  from  sale  or  direct  ap- 
propriation, in  kind,  shall  be  applied,  exclusively,  as  far  as  neces- 
sary, to  the  purpose  of  re-claiming  such  lands,  by  means  of  the 
levees  and  drains  aforesaid."  The  State  by  accepting  this  Grant, 
covenanted  to  perform  this  condition,  either  directly,  or  by  those  to 
whom  she  granted  the  lands  ;  and  this  obligation  still  remains,  and 
must  continue  to  remain  until  it  shall  have  been  done.  I  recom- 
mend a  careful  examination  of  the  legislation  already  had  in  re- 
gard to  these  lands,  for  the  purpose  of  ascertaining  if  this  point 
has  been  sufiiciently  secured,  and  supplying  additional  legislation, 
should  it  be  found  necessary. 

I  invite  your  special  attention  to  that  portion  of  the  Report  of 
the  Register  relating  to  the  decision  of  the  Secretary  of  the  In- 
terior, changing  the  form  and  substance  of  the  proof  required,  of 
the  swampy  character  of  the  lands  sold  by  the  United  States,  aflber 
the  date  of  the  Swamp  Land  Grant,  for  which  the  United  States  are 
to  indemnify  the  State,  and  the  decision  of  that  officer,  cutting  ofl^ 
all  claims  for  indemnity  in  counties  where  the  Swamp  Land  selec- 
tions were  made  after  the  3d  of  March,  1857 ;  and  I  recommend 
that  you  take  the  action  suggested  by  the  Register  on  these  points. 
There  can  be  no  good  reason  why  the  claims  of  Iowa,  under  this 
Grant,  shall  not  be  settled  upon  as  liberal  terms  as  the  claims  of 
other  States  ;  and  if,  by  want  of  county  organizations  in  aportion  of 
our  State,  the  proper  steps  were  not  taken  to  secure  these  lands,  in 
those  counties,  within  the  time  limited  by  law,  I  have  no  doubt 
that  Congress  will,  upon  a  proper  presentation  of  the  facts,  extend 
the  time  so  that  it  may  yet  be  done. 

AGRICULTURAL  COLLEGE  GRANT. 

Under  the  Act  of  Congress,  approved  Jul}^  2d,  1862,  granting 
lands  to  the  States  and  Territories  which  may  provide  Colleges 
for  the  benefit  of  agriculture  and  the  mechanic  arts,  this  State  is 
entitled  to  receive  240,000  acres  of  land,  upon  the  conditions  con- 


GOVERNOR'S  MESSAGE.  13 

tained  in  said  Act.  These  lands  have  been  selected,  and  the  selec- 
tions are  now  being  examined  at  Washington. 

Among  the  conditions  contained  in  the  Act  making  the  grant, 
are  the  following:  that  "no  portion  of  said  fund,"  (meaning  the 
proceeds  of  the  sales  of  the  land  granted,)  "nor  the  interest  thereon 
shall  be  applied,  directly  or  indirectly,  under  any  pretence  what- 
ever, to  the  purchase,  erection,  preservation  or  repair  of  any  build- 
ing or  buildings,"  and  that  "any  State  which  may  take  and  claim 
the  benefit  of  this  Act,  shall  provide,  within  five  years,  at  least,  not 
less  than  one  College,  as  described  in  the  fourth  section  of  this  Act, 
or  the  grant  to  such  State  shall  cease,  and  said  State  shall  be  bound 
to  pay  the  United  States  the  amount  received  for  any  lands  pre- 
viously sold,  and  that  the  title  to  purchasers,  under  the  State,  shall 
be  valid." 

The  fourth  section  of  the  Act  provides,  that  all  the  proceeds  of 
the  lands  granted,  (except  one-tenth  of  the  amount,  which  may  bo 
expended  for  the  purchase  of  lands  for  sites,  or  experimental  farms,) 
shall  be  invested  in  stocks  of  the  United  States,  or  of  the  States, 
or  some  other  safe  stocks,"  *  *  *  "and  the  interest  shall  be 
inviolably  appropriated,  by  each  State  which  may  take  and  claim 
the  benefit  of  this  Act,  to  the  endowment,  support  and  maintenance 
of,  at  least,  one  College,  where  the  leading  object  shall  be,  without 
excluding  other  scientific  and  classical  studies,  and  including  mil- 
itary tactics,  to  teach  such  branches  of  learning  as  are  related  to 
agriculture,  the  mechanic  arts,  &c." 

The  grant,  thus  made  to  the  State,  is  a  magnificent  one,  being 
about  five  times  as  large  as  that  made  for  the  support  of  the  State 
University,  and  will,  if  properly  husbanded  and  cared  for,  make  a 
rich  endowment.  But,  to  secure  the  grant,  sufficient  funds  must 
be  provided,  outside  the  grant,  to  erect  the  necessary  buildings ; 
and  then  funds  must  be  provided  to  meet  the  current  yearly  ex- 
penses, until  a  quantity  of  the  lands  can  be  sold,  the  interest  of  the 
proceeds  of  which,  invested  as  required  by  the  law  making  the 
grant,  will  support  the  institution. 

If  these  funds  cannot  be  furnished  or  provision  made  in  some 
other  way  to  comply  with  the  terms  of  the  Grant,  the  State  will 
lose  the  great  benefits  she  may  otherwise  derive  from  this  magnifi- 
cent donation.  I  recommend  the  subject  to  your  careful  consider- 
ation. 


14  GOYERNOR*S  MESSAGE. 

THE  SUPREME  COURT. 

I  very  earnestly  fecommend  to  you  the  passage  of  a  law  provid- 
ing for  the  early  appointment  and  subsequent  election  of  an  addi- 
tional Judge  of  the  Supreme  Court;  and  also,  that  you  make  an 
appropriation  of  the  sum  of  five  thousand  dollars  to  be  expended, 
under  the  direction  of  the  Court,  tor  the  purchase  of  law  books  for 
the  State  Library. 

Tlie  first  of  these  measures  I  deem  necessary  to  enable  the  Court 
to  do  its  work  promptly,  and  the  second,  to  enable  it  to  do  it  well. 
This  tribunal  is  one  of  the  most  important  branches  of  our  State 
Government.  Upon  its  action  more,  perhaps,  tlian  upon  that  of 
any  other  branch  of  the  Government,  must  our  people  depend  for 
security  for  life,  liberty  and  property.  Questions  are  continually 
brought  before  it,  from  all  parts  of  the  State,  afifecting  the  most 
important  interest  of  the  parties  to  those  questions ;  and  the  rules 
and  principles  established  in  deciding  them,  become  rules  and 
principles  controlling  the  interest  of  every  resident  of  the  State. 
It  is,  therefore,  of  the  first  importance  that  the  Court  shall  have 
time  to  examine  all  questions  fully  and  carefully  before  deciding, 
and  that  it  should  have  the  means  of  making  that  examination  in- 
telligently. The  Court  now  consists  of  only  three  members,  and 
the  amount  of  business  before  it  is  such,  that,  either  great  delay 
must  ensue  in  disposing  of  it,  or  it  must  be  transacted  in  such  haste 
as  to  preclude  proper  examination  and  deliberation.  The  addition 
of  another  Judge  will  largely  increase  its  working  capacity,  and 
will  afford  more  time  for  careful  and  intelligent  action. 

The  absolute  necessity  for  a  good  Law  Library,  to  a  court  of  last 
resort,  must  be  apparent  to  all.  It  is  as  unreasonable  to  expect 
learned  and  correct  decisions  from  a  court  deprived  of  a  good 
library,  as  it  is  to  expect  good  and  well  finished  work  from  a  me- 
chanic without  tools.  The  Reports  of  other  States  contain  the 
well  considered  opinions  of  their  most  learned  Judges;  the 
elementary  works  contain  the  principles  upon  which  our  whole 
legal  system  is  based,  and  to  require  our  Judges  to  decide  cases 
involving  questions  affecting  the  most  \dtal  rights  and  interests  of 
our  people,  without  the  opportunity  to  consult  these  fountains  of 
law,  is  unreasonable  in  itself,  and  tends  to  render  doubtful  and  un- 
certain the  principles  controlling  and  protecting  these  rights  and 
interests. 


GOVERNOR'S  MEBSAQE.  16 

THE  STATE  UNIVERSITY. 

This  institution  is  now  in  a  very  flourishing  condition.  The 
number  of  students  in  attendance,  at  the  present  time,  is  over  three 
hundred  and  fifty,  and  they  come  from  all  parts  of  the  State.  The 
Faculty  are  devoted  to  the  interests  of  the  institution,  and  it  is 
rapidly  becoming,  what  it  was  intended  to  be,  an  honor  to  the 
State  and  a  powerful  aid  in  promoting  her  highest  interests. 

I  renew  my  former  recommendation,  that  provision  be  made,  by 
law,  for  a  Military  Professorship  in  the  TJniversity.  Such  profes- 
sorship will  not  only  popularize  the  institution,  but  will  impart  to 
our  young  men  a  kind  of  knowledge,  the  want  of  which  has  cost 
us  many  men  and  much  treasure,  since  the  commencement  of  the 
rebellion ;  and  the  necessity  for  which,  in  the  future,  the  history  of 
other  nations  teaches,  may  come  upon  us  at  any  time. 

The  Board  of  Education,  at  their  last  session,  directed  the  Trus- 
tees of  the  University  to  establish  a  Military  Professorship  as  soon 
as  the  General  Assembly  should  make  the  necessary  appropria- 
tions. I  have  placed  two  hundred  stand  of  arms,  with  accoutre- 
ments, in  the  hands  of  the  Faculty,  and  I  earnestly  commend  the 
matter  to  your  favorable  consideration. 

The  present  number  of  students  in  attendance  upon  the  Uni- 
versity is  greater  than  the  capacity  of  the  University  buildings  to 
accommodate ;  and,  with  the  prospective  increase  in  numbers,  these 
buildings  will  soon  be  entirely  inadequate  to  the  wants  of  the  in- 
stitution, and  candidates  for  admission  must  be  turned  away  for 
lack  of  room  to  receive  them. 

The  former  Hall  of  the  House  of  Representatives,  now  used  as 
a  Chapel,  is  insuflSicient  for  the  present  numbers,  and  many  are 
thus  excluded  from  Chapel  services.  A  larger  Hall  is  impera- 
tively needed  for  Chapel,  Commencement  and  all  other  exercises 
requiring  the  assembling  of  the  whole  number  of  students. 

Here  are  no  suitable  rooms  for  the  Chemical  Labaratory.  This, 
.to  our  agricultural  State,  is,  perhaps,  the  most  important  depart- 
ment of  our  University.  Chemistry  is  becoming  daily  a  more  lib- 
eral contributor  to  agricultural  knowledge  and  success;  and  the  ad- 
vancement of  chemical  science  in  our  State,  through  the  State  Uni- 
versity, should  be  especially  encouraged. 

Our  University  will  not  be  complete  until  it  shall  have  an  As- 
tronomical Observatory  connected  with  it.     This  has  already  be- 


IQ  GOVERNOR'S  MESSAGB. 

come  a  prominent  feature  of  the  University  of  Michigan,  and  the 
demands  of  our  more  Western  location  will  soon  require  it  of  us. 
A  building  may  be  erected  to  answer  all  these  purposes  at  much 
less  cost  than  to  provide  for  them  separately. 

Our  State  now  stands  with  the  foremost  of  her  sister  States  in 
her  intelligent  and  heroic  devotion  to  the  political  institutions  of 
our  country.  She  needs  but  to  use  her  advantages  to  take  an 
equally  high  position  in  science  and  literature.  The  people  are 
ready  to  avail  themselves  of  the  facilities  fiimished,  and  only  ask 
that  the  State  shall  supply  them.  I  respectfully  urge  upon  you 
such  action  as  shall  tend,  ultimately,  to  place  the  State  University 
of  Iowa  amoijg  the  foremost  of  similar  institutions  in  the  land. 

STATE  HISTORICAL  SOCIETY. 

I  call  your  attention  to  the  report  of  the  Curators  of  the  State 
Historical  Society. 

Passing  events  render  the  work  of  this  Society  vastly  more  im- 
portant than  ever  before.  We  are  n6w  making  history  with  won- 
derful rapidity,  but  are  making  it  in  a  fragmentary  manner.  Fu- 
ture ages  demand  of  us  that  we  collect  and  preserve  these  frag- 
ments as  material  from  which  a  full  and  reliable  record  of  the  great 
events  of  our  day  may  be  preserved.  This,  with  the  ordinary 
work  of  the  Society  in  collecting  the  early  history  of  our  State,  is 
more  than  it  can  well  perform  with  the  means  at  its  disposal. 

No  man  can  be  found  to  devote  to  it  the  necessary  time  without 
compensation.  I  recommend  an  appropriation  of  five  hundred 
dollars,  as  compensation  for  this  purpose,  in  addition  to  the  five 
hundred  dollars  heretofore  appropriated  for  other  purposes. 

CHARITABLE  INSTITUTIONS. 

The  Reports  of  the  Trustees  of  the  Blind  Asylum  and  of  the 
Asylum  for  the  Insane,  are  herewith  submitted.  I  recommend 
the  appointment  of  a  special  committee  to  visit  each  of  these  in- 
stitutions for  the  purpose  of  examining  into  their  condition  and 
wants,  and  that  all  may  be  done  that  the  condition  of  our  finances 
will  allow,  to  make  these  institutions  ejffective  for  accomplishing 
the  noble  objects  for  which  they  were  founded. 

I  call  your  special  attention  to  the  final  Report  of  Commission- 
er for  superintending  the  erection  of  the  Blind  Asylum. 


GOVERNOR'S  MESSAGE.  17 

The  Asylum  for  the  Deaf  and  Dumb  is  still  at  Iowa  City,  in  a 
building  rented  for  that  purpose.  The  annual  rent  paid  is  $375. 
^  Whether  it  is  advisable,  at  this  time,  to  erect  a  new  building,  the 
interest  on  the  cost  of  which  will  far  exceed  the  rent  now  paid  or, 
whether  it  is  best  to  continue  to  occupy  the  rented  buildings  for  a 
longer  time,  are  questions  properly  committed  to  your  judgment 
and  discretion.  The  Report  of  the  Trustees,  showing  the  expen- 
ditures for  the  last  two  years,  and  the  estimates  for  the  ensuing 
two  years,  are  herewith  submitted. 

There  has  been  a  material  increase  in  the  prices  of  nearly  all 
the  articles  required  for  the  support  of  the  pupils  in  these  institu- 
tions, and  consequently  there  should  be  a  proportionate  increase 
in  the  sums  appropriated. 

THE  PENITENTIARY. 

I  was  notified  by  the  Warden,  in  June,  1862,  that  the  old  shops 
in  the  prison  yard  had  been  destroyed  by  tire.  The  contract  be- 
tween the  State  and  the  contractors  for  the  prison  labor,  required 
the  State  to  furnish  shop  room  to  work  the  criminals.  The  con- 
Iractors  had,  in  a  suit  tried  and  determined  before  this  fire,  made 
the  want  of  sufficient  shop  room  the  basis  of  a  claim  for  heavy 
damages  against  tlie  State,  which  had  been  allowed  them,  and  I 
had  good  reason  to  believe  the  want  of  shop  room,'  caused  by  the 
fire,  would  be  made  the  basis  of  another  similar  claim.  Under 
these  circumstances,  I  requested  the  Attorney  General  to  meet  me 
at  the  prison,  and,  after  consultation  with  him,  the  Warden  and 
myself  entered  into  a  contract  with  Messrs.  Winterbotham  &  Jones, 
contractors  for  the  prison  labor,  for  the  erection  of  new  shops,  at  a 
cost  of  $8,504.67;  which  was  paid  as  follows :  Material  from  old 
shops,  $200 ;  cash  appropriated  at  the  last  preceding  Session  for  a 
new  blacksmith  shop,  $2,500;  proceeds  of  judgment  in  favor  of 
State  against  contractors,  $945.59;  the  balance  of  $4,859.08  to 
apply  on  the  amount  due,  or  to  become  due  to  the  State,  from  the 
contractors,  for  prison  labor.  ^ 

It  is  a  matter  of  doubt  whether  I  had  the  authority  to  make  this 

contract ;  but  as  the  necessity  appeared  to  be  imperative,  and  as 

the  contract  could  be  made  without  drawing  from  the  Treasury 

any  money  not  appropriated  by  law,  I  deemed  it  my  duty,  having 

due  regard  to  the  interests  of  the  State,  to  make  the  contract,  and 

did  so. 
3 


Ig  GOYEBKOR'S   MESSAGE. 

The  new  shops  were  completed  in  accordance  with  the  terms  of 
the  contract,  and  have  been  ever  since  in  nse.  The  old  shops  were 
illy  arranged,  inconvenient  and  unsightly,  and,  sitnated  as  they 
were,  near  the  centre  of  the  prison  yard,  interfered  materially 
with  the  preservation  of  proper  order  and  discipline  among  the 
the  convicts.  The  new  shops  are  large,  substantial  and  well  ar- 
ranged, and  much  more  favorably  located  than  the  old  ones. 

A  new  contract  has  not  as  yet  been  made  under  the  law  passed 
at  the  extra  session  of  1862,  for  re-letting  the  convict  labor.  I 
have  very  serious  doubts  whether  it  is  advisable,  at  this  time,  to 
re-let  the  whole  of  the  labor.  A  large  amount  of  work  must  nec- 
essarily soon  be  done  in  and  about  the  prison.  As  our  population 
increases,  the  number  of  convicts  will  increase,  and  of  course  there 
will  be  necessary  an  increase  of  cell  room.  This  can  now  be  had, 
most  economic^y  and  advantageously,  by  building  a  Warden's 
house  on  the  foundation  already  laid  for  that  purpose,  and  using 
the  part  of  the  main  building  now  occupied  by  the  Warden,  for 
cell  room  ;  and  by  raising  the  roof  and  walls  of  the  main  building 
so  as  to  receive  two  additional  tiers  of  cells.  The  wall  on  one 
side  of  the  yard  has  not  yet  been  built,  and  I  understand  some  ad- 
ditional grading  is  needed  before  it  can  be.  The  convicts  can  do 
much  of  the  labor  required  for  these  improvements  as  well  as  hired 
laborers,  and  at  much  less  cost  to  the  State.  Should  this  policy  be 
adopted  it  may  be  necessary  to  employ  a  few  additional  guards, 
but  the  additional  expense  will  be  much  less  than  the  difference 
between  the  cost  of  convict  and  other  labor. 

I  have  not  been  able  to  give  as  much  time  as  I  desired  to  super- 
vising  the  affiurs  of  the  prison  for  the  last  two  years  ;  but  I  am  of 
opinion  everything  has  been  done  by  the  Warden  and  his  sub-or- 
dinates,  carefully,  economically  and  well.  The  Warden's  Report 
contains  a  full  aecount  of  the  receipts  and  expenditures,  and  a 
statement  of  what  is,  in  his  judgment,  necessary  to  be  done  within 
the  next  two  years.  I  invite  your  attention  to  this  Report,  and 
recominend  the  appointment  of  a  special  committee  to  visit  the 
prison,  to  examine  the  condition  of  the  prison  buildings,  for  the 
purpose  of  determining  the  policy  to  be  pursued  in  re-letting  the 
prison  labor. 

ORGAKIZIKG  AND  ARMING  VOLUNTEER  COMPANIES. 

I  became  satisfied  during  the  early  part  of  last  summer  that  de- 


GOVEBKOR'S  MESSAGE.  19 

signing  men  in  this,  as  in  other  loyal  States,  were  making  prepa- 
rations for  an  armed  resistance  to  the  authority  of  the  General 
Government.  The  law  of  Congress,  providing  for  a  draft  to  fill 
the  ranks  «f  the  Union  Army,  contained  a  provision  that  was 
eagerly  seized  upon  to  array  the  poorer  of  our  people  against  the 
Government  upon  the  specious  pretence  that  the  object  of  the  law 
was  to  discriminate  between  the  rich  and  the  poor,  to  the  injury  of 
the  poor. 

The  action  of  the  Government,  in  freeing  and  using  the  slaves 
in  the  rebel  States  for  the  suppression  of  the  Rebellion,  was  repre- 
sented as  a  scheme,  by  the  Government,  to  overrun  the  free  States 
with  the  freed  slaves,  to  the  prejudice  of  the  interest  of  the  poor 
white  man. 

The  Government  had  in  some  instances,  arrested  and  tempora- 
rily imprisoned  or  sent  beyond  pur  lines,  persons  whose  restraint 
the  public  safety  required  ;  and  this  was  interpreted  to  mean,  an 
intention  on  the  part  of  the  Government  to  break  down  all  the  de- 
fences of  civil  liberty,  and  to  establish  a  despotism.  The  entire 
policy  of  our  Government,  as  interpreted  by  these  men,  was  that 
the  war  was  waged,  not  for  the  preservation  of  the  Union,  but  for 
the  abolition  of  Slavery ;  that  the  object  of  the  Government,  in 
seeking  to  abolish  Slavery  was  to  bring  the  freed  slaves  North, 
and  'force  their  labor  into  competition  with  that  of  the  poor  white 
man  ;  that  by  the  so-called  Conscription  Law,  the  Government 
sought  to  force  only  the  poor  men  of  the  country  into  the  ranks  of 
the  army  to  effect  these  objects  so  prejudicial  to  their  interests, 
and  that  while  these  objects  were  being  effected,  the  Government 
intended  to  overthrow  our  free  institutions  and  establish  in  their 
stead  a  despotism  I 

It  is  passing  strange  that  intelligent  men  could  be  found  so 
wicked  as  to  make  these  statements,  and  that  other  men  could  be 
found  so  ignorant  and  foolish  as  to  believe  them.  But  so  it  was. 
These  statements  were  made  through  the  press  and  from  the  stump, 
in  the  most  violent  and  exciting  lajiguage,  apparently  with  all  the 
earnestness  of  conviction,  and  thousands  of  honest,  but  deluded 
men,  believed  them,  and  in  consequence  entertained  feelings  of 
deep  hostility  to  the  Government.  In  this  excited  state  of  the 
public  mind  secret  societies  were  organized  in  many,  if  not  all  of 
the  loyal  States,  the  members  of  which  were,  to  some  extent,  se- 


20  GOVERNOR'S  ME88AGR 

cretly  armed  for  the  avowed  purpose  of  protecting  themselves 
against  what  were  called  "  Arbitrary  Arrests,"  but  as  I  am  satis- 
fied  with  the  intent  upon  the  part  of  the  leaders  to  bring  their  mem- 
bers into  armed  coUisiou  with  the  General  Government,  in  case 
any  attempt  should  be  made  to  enforce  the  Draft.  The  natural  re- 
sult of  these  teachings  and  this  action,  was  seen  in  the  bloody  riot 
that  occurred  in  the  chief  city  of  the  Union,  and  in  similar  smaller 
outbreaks  in  other  places. 

Under  these  circumstances  my  duty  seemed  to  me  to  be  plain 
and  clear.  I  was  bound  to  see  to  the  enforcement  of  the  laws  and 
the  preservation  of. peace  and  good  order;  and  when  organized 
action  was  being  taken  throughout  the  State  to  prevent  the  one 
and  violate  the  other,  I  did  not  think  my  duty  permitted  me  to 
wait  until  the  evil  was  upon  us  before  I  took  steps  for  its  preven- 
tion. I  accordingly  called  upon  the  loyal  men  of  the  State,  who 
were  willing  to  aid  in  the  enforcement  of  the  law,  to  organize  a 
volunteer  military  company  in  each  county  of  the  State.  Such 
companies  were  promptly  organized,  in  most  of  the  counties,  of 
loyal  and  substantial  citizens,  and,  as  they  were  organized,  I  placed 
arms  and  ammunition  in  their  hands  to  make  their  organizations 
effective.  By  these  means  a  sufficient  force  was  provided  to  pre- 
serve the  peace  of  the  State  and  insure  the  enforcement  of  the  law 
of  Congress,  without  weakening  our  army  facing  the  enemy  by 
withdrawing  any  portion  of  it  for  that  purpose,  and,  in  my  judg- 
ment, this  state  of  preparation  to  preserve  the  peace,  tended  largely 
to  prevent  its  violation. 

There  was  but  a  single  occasion  in  which  it  was  necessary  to  use 
the  force  thus  organized.  About  the  first  day  of  August  last,  as  a 
number  of  persons,  who  hai  been  attending  a  political  meeting 
near  the  village  of  South  English,  in  Keokuk  county,  were  return- 
ing through  that  village,  a  collision  took  place  between  them  and 
other  persons  in  the  village,  in  which  a  Mr.  Tally,  who  had  ad- 
dressed the  meeting,  was  killed.  The  friends  of  Tally,  instead  of 
appealing  to  the  laws  and  the  officers  of  the  law  for  redress,  chose 
to  assume  that  the  officers  of  the  law  would  not  do  their  duty. 
They  sent  runners  to  various  points  and  in  a  short  time  had  gath- 
ered, near  Sigoumey,  the  county  seat  of  the  county,  a  large  body 
of  armed  men,  who  undertook  to  dictate  to  the  officers  of  the  law 
for  what  offence  and  in  what  manner,  the  persons  charged  with 


GOVERNOR'S   MESSAGE.  21 

killing  Tally  shoold  be  tried  and  punished.  Much  alarm  existed 
throughout  the  county.  The  county  funds  were  sent  off  for  safety, 
and  arrangements  were  made  to  send  away  the  county  records; 
and  orderly  and  law-abiding  people  were  in  great  anxiety  and  ter- 
ror. As  soon  as  these  facts  were  made  known  to  me,  I  at  once 
ordered  to  Sigourney  a  sufficient  number  of  volunteer  companies, 
ot  infantry  and  artillery,  to  give  protection  to  the  people  and  the 
officers  of  the  law,  and  to  show  those  assembled  for  unlawful  pur- 
poses, not  only  the  hopelessness,  b^t  the  danger  of  their  attempt 
to  overawe  the  authorities;  and  I  am  glad  to  be  able  to  inform  you 
that  the  display  of  force  was  sufficient  to  effect  the  desired  object. 
As  soon  as  it  became  known  that  a  force  was  being  gathered  to 
sustain  the  law,  the  unlawful  assemblage  quietly  dispersed,  order 
and  tranquility  were  restored,  and  the  officers  of  the  law  were  left 
unmolested  in  the  performance  of  their  duty. 

The  Companies  thus  organized  and  armed  are  still  in  existence, 
and,  should  any  further  legislation  be  deemed  necessary  for  their 
efficiency,  I  recommend  that  such  legislation  be  had. 

In  closing  this  subject,  I  would  return  my  thanks  to  the  officers 
and  men  ordered  by  me  to  Sigourney  and  South  English,  on  the 
occasion  referred  to,  for  the  promptness  with  which  they  responded 
to  the  order  and  their  soldierly  conduct  and  bearing  while  on 
duty. 

At  the  commencement  of  the  Session  of  the  Ninth  General 
Assembly,  the  State  had  organized  and  sent  to  the  field  fourteen 
Regiments  of  Infantry,  three  Eegiments  of  Cavalry,  and  three 
Batteries  of  Artillery;  and  had  in  process  of  organization,  two 
Regiments  of  Infantry  and  one  of  Cavalry.  Of  these  Eegiments, 
the  First  Infantry  was  enlisted  for  three  months,  and  had  then  been 
mustered  out  of  service.  AJl  the  others  were  enlisted  for  three 
years.  Since  the  commencement  of  that  Session,  the  two  Regi- 
ments of  Infantry  and  one  of  Cavalry,  then  incomplete,  have  been 
organized,  and  in  addition  thereto,  twenty-four  Regiments  of  In- 
fantry, five  Regiments  of  Cavalry,  and  one  Battery  have  been 
enlisted,  and  all  for  three  years.  Besides  these  complete  organi- 
zations, a  large  number  of  men  have  been  enlisted  for  Regiments 
in  the  field.  I  have  not  been  able,  as  yet,  to  ascertain  whether  the 
quota  of  this  State,  under  the  last  call  of  the  President  for  volxm- 
teers  to  fill  the  ranks  of  our  veteran  Regiments,  has  been  filled.     If 


22  GOVERNOR'S  MESSAGB. 

it  has  not,  the  deficiency  cannot  be  large,  if  the  proper  credit  hae 
been  given  by  the  Provost  Marshal  General  for  our  excess. over  all 
quotas  previously  called  for,  and  can  be  easily  and  promptly  filled 
by  draft. 

Besides  the  troops  thus  ftimished  to  the  army  of  the  Union,  there 
were  organized,  as  required  by  the  Acts  of  the  Extra  Session  of 
1862,  five  companies  of  mounted  men  for  the  protection  of  our 
north-western  frontier  against  Indians,  and  ten  companies  of 
mounted  men  on  our  southern  border,  to  protect  the  persons  and 
property  of  our  people  on  that  line,  against  the  depredations  of  or- 
ganized bands  of  guerillas  from  Missouri.  The  Report  of  the 
Adjutant  General  will  furnish  you  full  information  of  the  number 
of  men  that  have  been  kept  in  active  service  on  each  of  these  lines, 
and  of  the  number  now  in  service.  The  companies  on  the  north- 
western frontier  have  all  been  disbanded,  and  their  place  supplied 
by  troops  of  the  United  States.  "WTiile  these  companies  were  in 
service,  they  were  required  to  erect  block-houses  and  other  build- 
ings, at  different  points,  for  their  own  convenience,  and  to  serve  as 
rallying  points  for  the  people  in  case  of  attack..  These  buildings 
are  now  occupied,  in  whole  or  in  part,  by  the  United  States  troops 
on  that  line.  I  recommend  such  legislation  as  may  be  necessary 
for  the  preservation  of  these  buildings.  They  may  be  useful  in 
future,  in  case  of  another  outbreak  of  the  Indians. 

We  owe  much,  very  much,  to  the  brave  men  who  have  gone  out 
from  among  us  to  take  their  places  in  the  ranks  of  the  army  battling 
for  the  preservation  of  the  Constitution  and  the  Union.  We  owe 
much  to  those  of  them  who  are  stiU  living  to  fight  for  us,  and  much 
more  to  the  families  of  those  who  have  given  their  lives  for  our 
protection.  Their  duty  to  go  was  no  greater  than  ours,  but,  in 
patriotism,  they  far  excelled  us.  How  shall  we  pay  this  debt? 
The  praise  we  so  freely  accord,  the  honors  we  so  joyfully  confer 
upon  them,  and  the  gratitude  we  so  deeply  feel,  are  but  small 
recompense.  Of  those  who  have  died  in  the  hospital  and  on  the 
battle  field,  many  have  left  behind  them  young  children,  who  need 
care,  protection  and  education,  which  the  State  is  under  the  most 
solemn  obligation  to  supply.  Some  of  the  soldiers,  yet  living,  have 
been  so  far  disabled  that  they  cannot  properly  care  for  themselves. 
These  we  should  support  and  maintain.  I  very  earnestly  recom- 
mend, that,  either  wholly  by  the  State,  or,  by  means  of  aid  far- 


OOYERNOR'S  MESSAGE.  28 

niehed  by  the  State  to  those  of  our  people  who  may  be  disposed  to 
enter  upon  this  work,  ample  provision  be  made  for  a  home  in  which 
the  children  of  our  deceased  soldiers  may  be  cared  for  and  educated, 
and  in  which  those  of  our  soldiers  who  may  be  unable  to  support 
themselves,  may  pleasantly  live,  the  honored  guests  of  a  grateful 
people. 

I  renew  a  recommendation  made  by  me  in  a  Special  Message  to 
the  General  Assembly  convened  in  Extra  Session  in  1862,  as  fol- 
lows: 

"The  burthens  of  the  war  now  being  waged  by  our  people  for 
the  preservation  of  our  Government,  bear  heavily  on  us,  and  should 
be  borne  as  equally  as  possible.  These  burthens  are  of  two  kinds : 
First,  that  of  military  duty  in  the  field ;  and  second,  that  of  taxation 
at  home.  It  seems  to  me  to  be  unequal  and  unfair  that  those  of  us 
who  bear  the  first  of  these  burthens  should  be  compelled  to  share 
with  those  of  us  who  remain  at  home  the  second ;  that  the  soldiers 
who  are  fighting  our  battles  in  the  field  should  be  also  compelled 
to  pay  their  share  of  taxes  equally  with  those  who  do  not  share 
their  perils  and  privations. 

"The  compensation  paid  to  those  of  our  soldiers  who  hold  com- 
missions is  suflSciently  liberal  to  enable  them  to  pay  their  taxes 
without  inconvenience ;  but  it  is  not  so  with  their  no  less  worthy 
but  less  fortunate  comrades.  It  would,  I  think,  be  a  just  recogni- 
tion by  US,  of  our  appreciation  of  the  patriotism  and  self-sacrifice 
of  the  latter  if  we  were  to  release  them,  during  their  service,  from 
all  taxes  levied  under  State  laws,  and  it  would  doubtless  be  news 
of  comfort  and  cheer  to  them  amid  the  dangers  and  trials  by  which 
they  are  surrounded  for  our  sakes,  that  we  had  been  careful  that 
the  houses  that  sheltered  their  wives  and  their  little  ones  had  been 
secured  from  danger  of  sale  for  taxes  by  our  voluntary  assumption 
of  their  share  of  the  one  burthen,  while  they  are  bravely  bearing 
our  share  of  the  other.  I  therefore  recommend  to  you  that  you  pass 
a  law  exempting  from  all  taxation  under  the  laws  of  the  State,  the 
real  and  personal  property  of  all  non-commissioned  officers  and 
privates  in  the  Regiments  of  this  State  in  the  Army  of  the  United 
States,  during  their  continuance  in  service,  and  that  for  the  current 
year  there  be  added  to  the  per  centum  of  taxation  upon  the  valuar 
tion  of  the  property  of  all  other  tax-payers  the  sum  of  one-fourth 
of  one  mill  on  each  dollar  of  such  valuation,  to  cover  the  deficiency 
in  revenue  thereby  created." 


24  GOVERNOR'S  MESSAGE. 

Much  has  been  done  by  Sanitary  Associations,  in  this  and  other 
States,  for  the  health  and  comfort  of  our  troops  in  the  field  and  in 
the  hospital,  and  for  the  support  of  their  families  at  home. 

The  business  of  the  General  Sanitarv  Associations  and  of  the 
local  Aid  Societies,  in  furnishing  supplies  to  our  soldiers  in  the 
field,  has  now  become  well  arranged  and  systematized,  and,  conse- 
quently, much  more  effective.  This  work  can  be  done  much  bet- 
ter by  those  Societies  than  by  the  State,  and  I  recommend  that  the 
State  leave  the  matter  in  their  hands.  There  should,  however,  be 
a  liberal  appropriation  for  a  contingent  ftmd,  under  the  control  of 
the  Governor,  from  which  he  can,  upon  emergency,  furnish  aid  to 
these  Societies  and  to  sick  and  disabled  soldiers,  under  special  cir- 
cumstances, and  by  means  of  which,  he  can  send  to  and  keep  in 
the  field,  such  agents  of  the  State  as  may  be  necessary  for  the  com- 
fort and  well-being  of  our  soldiers. 

I  very  earnestly  recommend,  that  some  systematic  mode  of  fur- 
nishing aid  to  the  needy  families  of  our  soldiers  be  adopted. 
Whether  this  can  be  best  done  by  moneys  furnished  by  the  State, 
and  distributed  by  persons  appointed  by  the  State,  or,  through  the 
instrumentality  of  local  Aid  Societies,  is  a  question  of  doubt.  It 
is  very  certain  the  work  should  be  done  in  some  way,  and  I  have 
no  doubt  your  wisdom  wiU  ascertain  and  adopt  the  proper  mode. 

The  oflice  of  the  Adjutant  General  has,  since  the  commencement 
of  the  war,  been,  and  still  is,  a  very  important  one.  The  labor  and 
responsibility  of  the  Adjutant  General  have  been- very  great.  The 
labor  has  always  been  well  and  promptly  performed,  and  the  re- 
sponsibility cheerfully  borne.  The  books  of  the  office  are  well 
systematized  and  kept  in  most  excellent  condition.  They  embody 
a  mass  of  information,  in  a  neat  and  accessible  form,  that  will,  in 
the  fiiture,  be  highly  usefiil  to  our  soldiers  and  their  friends  and  to 
the  State.  It  affords  me  great  pleasure  to  say,  that  much,  of  what- 
ever success  has  attended  the  raising  and  organization  of  troops  in 
this  State,  is  due  to  the  efficient  services  of  the  present  incumbent 
of  that  office.  The  compensation,  now  allowed  by  law,  is,  in  my 
judgment,  wholly  inadequate,  and  I  recommend  the  increase  of 
the  salary  to  the  sum  of  two  thousand  dollars  per  annum,  with  an 
allowance  for  traveling  and  other  extraordinary  expenses. 

NATIONAL  AFFAIRS. 

I  can  not  close  this  communication  and  with  it,  my  official  con- 


GOVERNOR'S  MESSAGE.  25 

nection  with  the  people  of  our  State,  without  adverting  to  the  con- 
dition of  national  affairs  in  which  we  are  all  so  deeply  and  so  vitally 
interested. 

The  war  for  the  destruction  of  the  Union  on  the  one  hand,  and 
for  its  preservation  on  the  other,  still  goes  on.  During  the  present 
year  the  successes  of  the  Union  armies  have  been  so  numerous  and 
so  important  that  the  public  mind  appears  to  have  settled  down 
into  the  belief  that  our  ultimate  success  is  certain  and  not  far  dis- 
tant; and  is  now,  to  some  extent,  occupied  with  the  question  of 

reconstruction,  so-called — the  question  as  to  the  manner  in  which, 
and  the  terms  and  conditions  upon  which,  the  people  within  the 

territory  composing  the  rebel  States  can  again  take  part  with  the 
people  of  the  loyal  States,  in  administering  the  affairs  of  the  Gen- 
eral Government. 

The  President  has  recently  issued  a  Proclamation  to  the  people 
of  the  rebel  States,  in  which  he  proposes  to  them  such  terms  and 
conditions  as,  in  his  judgment,  are  right  and  proper.  He  proposes, 
in  substance,  that  as  soon  as  a  number  of  the  voting  population  of 
any  one  of  those  States,  equal  to  one-tenth  of  the  entire  voting 
population  of  the  State,  as  shown  at  the  last  Presidental  election, 
shall  take  an  oath,  the  form  of  which  is  prescribed,  and  shall  estab- 
lish a  new  Government,  Republican  in  form,  and  consistent  with 
the  terms  of  the  prescribed  oath,  such  Government  shall  be  recog- 
nized as  the  true  Government  of  the  State,  and  protected  as  such. 

The  terms  of  the  prescribed  oath  are,  that  the  party  taking  it 
"  will  henceforth  faithfiilly  support,  protect  and  defend  the  Consti- 
tution of  the  United  States  and  the  union  of  the  States  thereunder ; 
and  will,  in  like  manner,  abide  by.  and  faithfully  support,  all  acts 
of  Congress  passed  during  the  existing  rebellion  with  reference  to 
slaves,  so  long  and  so  far  as  not  repealed,  modified,  or  held  void 
by  Congress,  or  by  decision  of  the  Supreme  Court ;  and  wiU,  in 
like  manner,  abide  by  and  faithfully  support  all  proclamations  of 
the  President  made  during  the  existing  rebellion  having  reference 
to  slaves,  so  long  and  so  far  as  not  modified  or  declared  void  by 
decision  of  the  Supreme  Court." 

Certain  persons,  that  is  to  say  "  all  who  are  or  shall  have  been 

civil  or  diplomatic  oflScers  or  agents  of  the  so-called  Confederate 

Government;  all  who  have  left  judicial  stations  under  the  United 

States  to  aid  the  rebellion ;  all  who  are  or  shall  have  been  military 

4 


26  GOVERNOR'S  MBS6AGE. 

or  naval  officers  of  said  so-called  Coixfederate  Government,  above 
the  rank  of  Colonel  in  the  army,  or  of  Lieutenant  in  the  navy ; 
all  who  left  seats  in  the  United  States  Congress  to  aid  the  rebel- 
lion; aU  who  resigned  commissions  in  the  army  or  navy  of  the 
United  States,  and  afterwards  aided  in  the  rebellion ;  and  all  who 
have  engaged  in  any  way,  in  treating  colored  persons,  or  whit« 
persons  In  charge  of  such,  otherwise  than  lawfully  as  prisoners  of 
war,  and  which  persons  may  have  been  found  in  the  United  States 
service  as  soldiers,  seamen,  or  in  any  other  capacity,"  are  excepted 
from  the  benefits  of  the  Proclamation ;  all  others,  complying  with 
the  terms  and  conditions,  have  extended  to  them  a  full  pardon 
^^with  restoration  of  all  rights  of  property  except  as  to  slaves  and 
in  property  cases  where  rights  of  third  parties  shall  have  inter- 
vened." 

The  President,  in  his  Proclamation,  further  declai*es  "  that  any 
provision  which  may  be  adopted  by  such  State  Government  in  re- 
lation to  the  freed  people  of  such  State,  which  shall  recognize  and 
declare  their  permanent  freedom,  provide  for  their  education,  and 
which  may  yet  be  consistent,  as  a  temporary  arrangement,  with 
their  present  condition  as  a  laboring,  landless  and  homeless  class, 
will  not  be  objected  to  by  the  National  Executive.  And  it  is  sug- 
gested as  not  improper,  that  in  constructing  a  loyal  State  Govern- 
ment in  any  State,  the  name  of  the  State,  the  boundary,  the  sub- 
divisions, the  Constitution  and  the  general  Code  of  Laws,  as  be- 
fore the  rebellion,  be  maintained,  subject  only  to  the  modifica- 
tions made  necessary  by  the  conditions  herein  before  stated,  and 
such  others,  if  any,  not  contravening  said  conditions,  and  which 
may  be  deemed  expedient  by  those  framing  the  new  State  Gov- 
ernment." 

It  seems  to  me  these  terms  and  conditions  are  eminently  just 
and  proper — fair  and  liberal  to  those  to  whom  they  are  offered, 
and  such  as  the  permanent  peace  of  the  country  requires. 

All  the  people  in  the  rebel  States,  perhaps,  in  law,  certainly,  a 
great  majority,  both  in  law  and  in  fact,  have  committed  treason — 
are  guilty  of  that  crime  before  the  law,  and  are  liable  to  the  pun- 
ishment affixed,  by  law,  to  the  commission  of  that  crime. 

It  would  not  be  safe  and  judicious,  either  to  punish  aU.  or  to 
permit  all  to  escape  punishment.  The  leaders,  the  most  guilty, 
should  be  punished.    The  mass,  the  least  guilty,  should  be  par 


GOVERNOR'S   ME38A.GB.  27 

doned.     An  inspection  of  the  exceptfons  from  pardon,  made  by 
tlie  President,  will  show  he  has  made  this  distinction. 

But,  in  extending  pardon  to  the  mass,  it  is  just  and  proper  that 
reasonable  terms  and  conditions  should  be  made. 

The  terms  and  conditions  proposed  by  the  President  are,  that 
the  party  guilty  of  treason  shall  swear,  1st,  "That  he  will  faith- 
fully support,  protect  and  defend  the  Constitution  of  the  United 
States,  and  the  union  of  the  States  thereunder."  2d,  That  he  will 
"  abide  by  and  faithfully  support  all  acts  of  Congress  passed  during 
the  existing  rebellion,  with  reference  to  slaves,  so  long  and  so  far 
as  not  repealed,  modified  or  held  void  by  Congress  or  by  decision 
of  the  Supreme  Court."  And  3d,  That  he  will  "  abide  by  and 
faithfully  support  all  proclamations  of  the  President,  made  dnring 
the  existing  rebellion,  having  reference  to  slaves,  so  long  and  so 
far  as  not  modified  or  declared  void  by  decision  of  the  Supreme 
Court." 

Are  these  terms  and  conditions  reasonable?  No  possible  objec- 
tion can  be  taken  to  the  first  requirement — that  these  men  shall 
support  the  Constitution  and  the  TJnion.  The  second  and  third  re- 
quirements are,  that  these  men  shall  abide  by  the  laws  of  Congress 
and  the  Proclamations  of  the  President  concerning  slaves,  until 
those  laws  shall  be  changed  by  Congress,  or  those  laws,  or  the 
President's  proclamations,  be  decided  void  by  the  Supreme  Court. 
Tliis  is  just  what  it  is  the  duty  of  every  loyal  citizen  to  do — to 
abide  bv  and  support  the  law  until  changed  by  the  law-making 
power,  or  declared  void  by  the  Courts. 

It  may  be  said  that  the  Proclamations  of  the  President  are  not 
laws ;  that  he  had  not  the  Constitutional  power  to  issue  such  Proc 
lamations.  But  the  President  believes  he  had  the  Constitutional 
power  so  to  do,  and  has  so  done,  and  he  only  proposes  that  these 
acts  shall  stand  in  law  **  so  long  and  so  far  as  not  modified  or  de- 
clared void  by  decision  of  the  Supreme  Court."  In  imposing 
these  terms  and  conditions  on  those  in  rebellion  against  our  Gov- 
ernment, who  may  desire  to  lay  down  their  arms,  the  President  is 
but  requiring  of  them  the  performance  of  a  duty  required  of  all 
men  who  have  remained  loyal. 

Upon  accepting  these  terms  and  conditions,  the  men  now  guilty 
of  treason  and  liable  to  punishment  as  criminals,  are  at  once  par- 
doned— are  restored  to  their  rights  as  citizens  and  again  permitted 


"I 


28  GOVERNOR'S   MESSAGE. 

• 
to  take  part  in  administering  our  Government,  and,  at  the  same 

time,  are  restored  to  all  their  rights  of  property,  except  as  to  slaves, 
and  where  the  rights  of  third  parties  have  intervened.  These  ex- 
ceptions are  inevitable.  If  the  acts  of  Congress  and  the  Procla- 
mations of  the  President  concerning  slaves,  are  Constitutional, 
then,  so  far  as  these  acts  and  Proclamations  reach,  the  slaves  have 
become  free,  and  cannot  be  restored  to  their  former  masters. 
Where  property  has  been  disposed  of  to  third  parties,  under  the 
Confiscation  Act,  it  cannot  be  restored.  Whatever  has  been  lost 
to  these  men  has  been  lost  by  reason  of  their  own  crimes ;  what- 
ever yet  remains  will  be  restored  if  they  will  cease  to  be  criminals. 

Aside  from  the  consideration,  that,  if  the  laws  of  Congress  and 
the  Proclamations  of  the  President  concerning  slaves  are  valid  as 
law,  those  who  have  been  freed  thereby  cannot  be  again  enslaved 
— aside  from  the  consideration,  that,  even  if  this  could  be  lawfiilly 
done,  the  doing  of  it  would  involve  such  a  breach  of  honor  and 
good  faith,  as  would  justly  render  us,  as  a  nation,  infamous  through- 
out Christendom — aside  from  all  considerations  connected  with 
slavery,  as  a  social  or  moral  question — aside  from  all  considerations 
connected  with  its  political  effects  upon  the  particular  communities 
in  which  it  exists,  and  looking  upon  it  only  in  its  bearing  upon  the 
present  condition  of  our  country,  it  seems  to  me  that  no  man,  who 
does  not  set  the  institution  of  slaverv  above  the  Union  of  the 
States,  can  now  fail  to  do  all  that  he  lawfully  may  to  aid  in  remov- 
ing this  curse  from  our  nation. 

It  is  directly  or  impliedly  admitted  by  all,  that  slavery  is  the 
cause  of  the  civil  war  now  desolating  the  land,  although  different 
parties  endeavor  to  throw  the  immediate  blame  upon  their  adver- 
saries. The  anti-slavery  men  of  the  country  say  that  slavery  is 
the  cause  of  the  war  because,  being  founded  on  force,  it  is  neces- 
sarily aggressive  in  its  character ;  that  it  necessarily  makes  slave- 
holders, as  a  class,  haughty,  overbearing,  impatient  of  control  and 
unwilling  to  submit  their  opinions  to  those  of  the  majority,  whom 
they  consider  their  inferiors.  Some  of  the  rebels  admit,  frankly 
that  the  desire  to  perpetuate  slavery  and  to  make  it  the  "  corner 
stone  "  of  the  new  confederacy,  caused  the  rebellion,  while  others, 
and  their  apologists  generally,  insist,  that  the  cause  of  our  troubles 
is,  not  slavery  itself,  but  the  "  fanatacism  "  of  anti-slavery  men  on 
the  subject  of  slavery ;  and  there  is  still  another  class  of  our  people 
who  declare,  that  in  their  judgment,  the  cause  of  the  war  is  to  be 


GOVERNOR'S  MESSAGE.  29 

found  in  the  "  fanataciem  "  upon  the  subject  of  slavery  among  ex- 
tremists, Nortli  and  South.  These  are  but  various  statements  of 
the  same  thing,  showing  that,  however  prejudice  or  partizanship 
may  seek  to  evade  or  disguise  the  fact,  our  people,  generally, 
recognize  slavery  as  the  cause  of  the  war. 

It  is  also  true  that  slavery  has  been  very  much  weakened  since 
the  war  began ;  very  large  numbers  of  slaves  have  been  set  free, 
in  fact,  while  other  very  large  numbers,  yet  under  the  partial  con- 
trol of  their  masters,  have  been  so  operated  upon  by  events  as  to 
make  them  unfit  for  slaves.  It  is,  indeed,  thought  by  many  men, 
North  and  South,  that  in  any  event,  slavery  will  perish. 

It  is  also  true  that  the  anti-slavery  sentiment  of  the  country  is 
stronger  than  ever  before.  The  convictions  of  the  anti-slavery 
men  of  the  country,  as  to  the  dangerous  nature  of  the  institution, 
have  lost  nothing  of  their  strength,  while  many  thousands  who, 
before  the  war  were  either  indifferent  or  positively  favorable  to 
slavery,  are  now  among  its  most  determined  opponents.  Is  it  wise, 
then,  for  us,  at  a  time  when  this  cause  of  our  troubles  has  nearly 
passed  away,  so  to  shape  our  action  as  to  preserve  a  remnant  that 
may  take  root  and  spread,  until  it  has  brought  upon  those  who 
come  atler  us,  the  terrible  evils  we  are  now  enduring?  Had  we 
not  better  remove  this  cause  of  strife,  and  that  being  done,  may 
we  not  reasonably  hope  that,  when  the  natural  bitterness  growing 
out  of  our  present  strife  shall  have  passed  away,  the  kindly  and 
fraternal  feelings  which,  but  for  this  cause,  would  have  always  ex- 
isted, may  be  again  restored} 

But  we  should  not  permit  the  discussion  of  these,  or  similar 
questions,  to  divert  us  from  the  paramount  purpose  of  prosecuting 
the  war  earnestly  and  vigorously,  until  all  men  in  rebellion  against 
the  Government  shall,  either  voluntarily  or  by  compulsion,  lay 
down  their  arms.  In  this  consists  our  only  safety,  and  I  feel  well 
assured  that  yon  will,  so  far  as  depends  on  you,  see  to  it  that  Iowa, 
in  the  fiiture  as  in  the  past,  will  do  her  fiill  share  of  this  good  work, 
promptly  and  well. 

The  position  occupied  by  our  State,  in  this  war  for  the  preserva- 
tion of  the  Union,  is  a  proud  and  enviable  one.  From  the  first 
out-break  of  the  rebellion  until  the  present  time,  Iowa  has  neither 
faltered  nor  wavered  in  the  discharge  of  her  duty.  In  both 
branches  of  the  National  Council  she  has  presented  an  unbroken 


go  GOVERNOR'S  MESSAGE. 

front  to  treason  and  rebellion,  and  lias  given  a  steady  and  undi- 
vided support  to  the  General  Government.  Her  State  Govern- 
ment, in  all  its  branches,  has  given  evidence  of  her  unflinching 
and  unconditional  loyalty  and  devotion  to  the  good  cause.  Her 
people  have,  at  all  times  and  promptly,  filled  all  requisitions  made 
upon  them  for  troops  to  fill  the  ranks  of  the  Union  armies;  and 
the  men  she  has  sent  to  the  field  have  been,  at  least,  second  to 
none  in  all  soldierly  qualities. 

To  these  men  yet  another  word  is  due  from  me.  When  this  war 
began,  ours  was  a  new  State,  without  a  history.  To-day,  her  name 
stands  on  one  of  the  brighest  pages  of  our  country's  record — ^graven 
there  by  the  bayonets  of  our  brave  soldiers,  and  that  page  is  all 
over  glowing  with  the  proofs  of  their  heroism  and  devotion.  We 
have  sent  to  the  field  no  Regiment  of  which  we  do  not  feel  justly 
proud,  and  the  bare  mention  of  the  names  of  many  of  them  stirs 
the  blood  and  warms  the  heart  of  every  lowan. 

It  may  perhaps  be  permitted  me  to  say  that  I  trust  that  when 
the  history  of  the  gallantry  and  devotion  of  these  men  shall  be 
written,  the  position  I  have  held  will  of  necessity  connect  my 
name  humbly,  and  not  discreditably,  with  theirs,  and  that  this  trust 
affords  compensation  for  somewhat  of  toil  and  care  which  have  at- 
tended that  position,  and  should  be  sufficient  to  satisfy  an  ambi 
tion  greater  than  mine. 

SAMUEL  J.  KIEKWOOD, 


IlSr^UGHJHAX.  AJDDRESS 


DKUnOUED  TO  THB 


TENTH  GENERAL  ASSEMBLY 


OF  THB 


BT 


GOVKRNOR   WILLIAM   M,   STONE, 


DES  MOINES : 

F.  W.  PALMBR,  8TATB  PBINTXR. 
1864. 


IlSr-A.TJaUIl-A.L  ADDRESS. 


OevMemen  of  ike  Senate  and  House  of  B^presentaHves  : 

< 

AsBuming  the  Executive  office,  at  a  momentous  period  in  public 
afiairs,  I  have  taken  the  oath  prescribed  by  the  Constitution,  un^ 
der  a  full  sense  of  the  grave  obligations  imposed.  Profoundly 
grateful  for  the  confidence  of  a  generous  and  patriotic  people,  and 
with  humble  reliance  on  Him  who  has  guided  us  through  many 
trials,  I  shall  endeavor  to  meet  their  just  expectations,  by  an  earn* 
est  and  faithful  discharge  of  the  duties  assigned  me. 

The  duty  of  communicating  to  the  General  Assembly  the  con- 
dition of  the  State,  as  required  by  the  Constitution,  and  recom* 
mending  sucli  measures  as  may  be  deemed  expedient,  for  legisla- 
tive action,  more  properly  belongs  to  the  out-going  Executive, 
whose  official  connection  with  the  affairs  of  government,  for  a  term 
of  years,  has  afforded  him  the  benefit  of  that  observation  and  ex* 
perience,  necessary  to  a  proper  imderstanding  of  the  various  mea^ 
ures  demanded  by  the  general  welfare. 

The  recent  message  of  my  predecessor  furnishes  you  the  neces- 
sary information,  concerning  the  condition  and  affairs  of  the  State, 
during  his  official  term ;  and  is  so  specific  in  its  recommendations 
that  I  need  do  but  little  more,  on  this  occasion,  than  express  my 
concurrence  in  the  suggestions  therein  contained,  and  ask  for  them 
yoor  favorable  consideration. 

Representing,  as  you  do,  the  different  portions  of  the  State,  and 
being  conversant  with  their  wants  and  interests,  your  aggregated 
information,  and  joint  counsels,  will  enable  you  to  perceive,  and 
readily  comprehend,  every  material  subject  which  may  demand 
your  action.  In  our  zeal  to  advance  the  public  interests,  however, 
we  should  bear  in  mind>  that  multiplicity  of  legislation,  is  neither 
wise  nor  expedient.  Innovation  is  not  always  reform.  And  ex- 
perience has  abundantly  demonstrated,  that  the  utility  of  laws,  to 
a  great  extent,  depends  upon  their  certainty ;  and  that  frequent 


4  INAUGURAL  ADDREBS. 

changes,  in  established  rules,  are  a  source  of  great  inconvenience, 
and  prodnctive  of  less  good  than  mischief. 

The  subjects  of  finance  and  Mvenue,  common  schools,  militia, 
currency,  the  practice  of  the  courts,  and  county  government,  are 
of  primary  importance  to  the  State,  and  should'  receive  a  liberal 
share  of  your  attention.  But  the  various  laws  now  in  force  upon 
these  subjects,  have  been  so  long  in  operation,  and  so  thoroughly 
tested,  that  their  defects,  if  any  exist,  will  be  readily  perceived* 
I  would  recommend  extreme  caution  in  their  consideration,  and 
advise  no  change  in  any  of  them,  Unless  demanded  by  obvious 
i3U;ility  and  sound  experience. 

From  various  sources,  my  attention  has  been  earnestly  invited 
to  what,  in  the  opinion  of  many,  are  cogent  reasons  for  changing 
our  present  form  of  county  government.  The  Supervisor  system, 
created  by  Act  of  the  Eighth  General  Assembly,  has  failed  to  com- 
mand that  general  satisfaction  which  its  advocates  predicted  and 
desired.  The  objections  urged  against  it  are  quite  numerous,  and, 
apparently,  substantial  in  their  character.  Those  who  desire  a 
change,  express  their  preference  for  the  Commissioner  system, 
which  has  prevailed  so  long,  and  operated  successfully,  in  many  of 
the  older  States,  and  if,  after  due  investigation,  any  change  may 
be  deemed  advisable,  I  would  recommend  this  system  to  your  con- 
sideration, as  being  the  most  simple  and  practical,  of  any  that 
could  be  adopted.  I  cannot  assume  the  responsibility  of  recom- 
mending a  change ;  for  the  reason,  that  my  observation  of  the  pres- 
ent system,  has  been  much  too  limited  to  justify  me  in  entertaining 
a  satisfactory  opinion  as  to  the  soundness  of  the  objections  urged 
against  it,  and  I  therefore  commend  the  entire  subject  to  your 
earnest  and  considerate  attention. 

Your  attention  is  invited  to  the  expediency  of  abolishing  the 
Board  of  Education,  created  by  Article.  9,  of  the  new  Constitution. 
This  Board,  in  the  sessions  already  held,  has  accomplished  mndi 
valuable  labor,  and  to  it  are  we  mainly  indebted  for  the  frame- 
wprk  oi  our  present  admirable  system  %i  Common  Schools,  whidi 
needs  but  little  additional  legislatioQ,  to  render  it  sufficiently  oom- 
prehensive  to  meet  the  domands  of  our  edoeational  interests  for 
many  years  to  come.  It  is  now  thought  the  period  has  arrived, 
when  this  Board  is  no  longer  required  ;  and  that  it  can  be  abol- 
ished without  detriment  to  the  paUie  aervice*    The  framers  of  the 


INAUGURAL  ADDRESS.  ( 

Gonstitntion  evidently  contemplated,  that  after  its  labor,  in  matur-- 
ing  a  permanent  and  satisfactory  system  of  schools,  should  be  com- 
pleted, its  utility,  as  a  separate  department,  would  terminate.  In 
view  of  this  contingency,  the  15th  Section  of  said  Article,  confers 
upon  the  General  Assembly  the  power,  after  the  year  1863,  to 
abolish  or  re-organize  the  Board,  and  to  provide  for  the  educa- 
tional interests  of  the  State,  in  any  other  manner  that  to  them 
shall  seem  best  and  proper.  Should  you  concur  in  the  expediency 
of  this  measure,  it  will  become  necessary  to  create  the  office  of 
Superintendent  of  Public  Instruction,  in  order  that  the  important 
duties  now  devolving  upon  the  Secretary  of  the  Board,  may  be 
transferred  to  and  performed  by  an  appropriate  officer. 

I  desire  to  invoke  the  earnest  attention  of  the  General  Assem- 
bly, to  the  necessity  of  providing  additional  means  for  supporting 
the  families  of  the  deserving  men  who  are  absent,  in  the  public 
service.  Many  of  these  men,  in  limited  circumstances  when  they 
volunteered,  have  no  means  of  supporting  their  families,  except 
the  scanty  wages  received  from  the  Government;  obviously  inade- 
quate, under  the  present  high  rates  of  living,  to  properly  maintain 
a  soldier,  and  meet  the  legitimate  wants  of  his  family. 

I  am  aware  that,  at  the  Special  Session  of  the  General  Assembly, 
in  1861,  an  Act  was  passed  empowering  the  Boards  of  Supervisors 
to  appropriate  money  out  of  the  County  Treasuries,  for  the  support 
of  soldiers'  families  within  their  respective  counties,  ^ut,  I  regret 
the  necessity  which  compels  me  to  say,  that  this  highly  commend- 
able and  patriotic  enactment,  has  signally  failed  to  accomjdish  the 
object  intended.  In  counties  where  a  majority  of  the  Supervisors 
are  friendly  to  the  Union,  and  the  prosecution  of  the  war,  this 
relief  has  been  furnished  to  a  liberal  extent;  but  in  many  others, 
where  that  majority  is  v^ith  the  opposite  party,  they  have  persist- 
ently refused  to  appropriate  a  single  dollar  to  this  humane  aad 
Christian  purpose. 

In  considering  the  question,  we  should  not  confine  ourselves  to 
the  theory  adopted  by  some,  that  l^is  is  a  mere  county  matter,  and, 
therefore,  not  tiie  appropriate  subject  of  State  action.  From  what« 
ever  county  the  man  enters  the  service,  he  becomes  a  soldier  of  the 
State,  fighting  for  one  county  as  well  as  another,  and  has  an  equal 
claim  upon  the  generosity  and  gratitude  of  all  our  people.  In  the 
absence  of  an  adequate  law,  providing  relief  for  these  meritorious 


6  mAUaURAL  ADDRESa 

families,  out  of  the  public  revenue,  these  burthens,  necessarily,  fall 
upon  a  few  liberal  and  patriotic  individuals  in  each  community. 
This  is  clearly  wrong,  and  should  not  be  permitted.  None  should 
be  allowed  to  escape  this  imperative  public  and  patriotic  duty. 
Every  individual  in  the  State  should  be  required  to  contribute,  for 
this  purpose,  his  full  share,  in  proportion  to  the  amount  of  his  tax- 
able property.  I,  therefore,  earnestly  recommend  that  a  liberal 
appropriation  be  made  for  this  purpose,  out  of  the  State  revenue ; 
to  be  disbursed  through  the  agencies  of  the  State  Sanitary  Commis- 
sion, in  such  manner  as  you  may  deem  it  wise  to  direct.  This 
Commission,  recently  organized,  and  incorporated,  has  acquired  a 
responsible  character,  and  enjoys,  as  it  should,  a  full  degree  of 
public  confidence. 

By  such  an  Act,  we  shall  seal,  in  perpetual  memory,  the  gratitude 
so  eminently  due  to  exalted  patriotism,  and  unrivaled  valor. 

The  soldiers  of  Iowa  need  no  eulogy  now,  to  secure  for  their 
deeds  the  admiration  of  history.  Their  unselfish  devotion  to  the 
cause  of  the  country;  their  patient  endurance  of  the  untold  hard- 
ships incident  to  service  in  a  distant  and  strange  climate ;  and  the 
sturdy  heroism  they  have  illustrated  on  so  many  fields,  have  given 
to  our  young  State  a  record  of  valor  as  imperishable  as  the  bloody 
annals  of  the  war;  and  aided,  in  securing  for  our  common  country, 
a  fame  co-extensive  with  the  civilized  world.  On  every  battle 
ground  from  Wilson's  Creek,  where,  amid  the  deadly  hail  of  an 
unequal  contest,  they  rallied  'round  the  heroic  Lyon,  and  freely 
mingled  their  blood  with  his,  to  the  gory  mountain  heights  and 
passes  in  front  of  Chattanooga,  and  the  now  glorious  field  of  Chick- 
amauga,  the  Flag  of  Iowa  has  been  borne  by  brave  hands  to 
triumphant  victory.  Where  all  have  done  so  well,  to  particularize 
would  be  invidious;  and  I  could  not  name  all  who  are  entitled  to 
honorable  mention  for  noble  and  valorous  deeds,  without  calling 
the  entire  muster  rolls  of  Regiments,  Battalions  and  Batteries. 
Impartial  history  will  attest  the  significant  fact,  that  no  great  battle 
has  yet  been  lost,  in  which  Iowa  troops  were  engaged;  and  none 
gained,  on  western  fields,  in'which  they  have  not  borne  a  conspic- 
uous part.  Among  the  first  in  the  field,  and  ever  to  the  front,  their 
numberless  graves  are  scattered  from  the  plains  of  Texas  to  the 
banks  of  the  Cumberland,  and  from  the  shores  of  Lake  Michigan 
to  the  waters  of  the  Gulf— sad,  yet  truthful  witnesses  of  how 
bravely  they  fought  and  nobly  died. 


INAUGURAL  ADDRBB&  7 

Fathers  and  sons,  husbands,  brothers  and  friends,  sleep  in  those 
narrow  tenements,  iasr  from  their  beloved  Iowa ;  but  endirined  in 
the  hearts  of  a  grateful  people,  their  memo^^es,  like  the  nnfitding 
laurel,  will  survive  the  dreary  winters  of  coming  time. 

Contemplating  the  condition  and  affairs  of  our  own  State,  let  us 
not  be  unmindful  that  our  common  country  is  still  involved  in  cruel 
and  relentless  war.  The  god  of  ambition  is  yet  unappeased,  and 
the  demon  of  civil  strife  is  making  sad  havoc  in  the  land.  The 
great  struggle  for  the  integrity  of  the  Union  and  the  preservation 
of  the  National  Government,  is  yet  to  be  decided.  After  a  trial  of 
nearly  eighty  years,  embracing  the  most  comprehensive  experience, 
and  affording  ample  proofs  of  its  power,  utility  and  beneficence, 
the  existence  of  this  unrivaled  Government  is  committed  to  a 
bloody  conflict  between  its  own  citizens. 

The  constitutional  right  of  a  State,  or  any  number  of  States,  to 
withdraw,  from  the  Union,  is  no  longer  a  practical  question  for  dis- 
cussion. If  that  right  be  conceded,  the  action  of  the  Federal  Qov- 
emment,  in  compelling  obedience  to  its  laws,  is  indefensible,  and 
the  war,  on  our  part,  clearly  wrong.  The  determination  of  that 
question  was  preliminary  to  war,  and  to  any  effort  by  the  Govern- 
ment to  reduce  the  seceding  States  to  submission. 

In  the  absence  of  a  constitutional  right  to  dismember  the  Union, 
by  secession,  the  attempt  was  treason  and  insurrection,  which  tiie 
President  of  the  United  States,  under  the  solemn  obligations  of 
his  oath,  was  as  much  bound  to  suppress,  as  he  would  have  been 
to  repel  an  invasion  of  our  soil  by  a  foreign  enemy.  Existing 
laws,  adopted  in  the  early  years  of  the  Republic,  clothed  him  with 
ample  anthorily  over  the  subject,  and  made  his  duty  imperative. 
In  promptiy  meeting  tiie  aggressions  of  treason,  and  placing  tiie 
Government  in  a  state  of  defence  against  this  long  projected,  and 
wicked  rebellion,  he  fulfilled  the  just  demands  of  the  Nation,  and 
entitled  himself  to  the  lasting  gratitude  of  mankind. 

For  nearly  three  years,  this  deplorable  war,  inaugurated  by  the 
mad  ambition,  and  treason,  of  Southern  men,  has  progressed  with 
its  yaried  results.  Though  disasters  have  sometimes  overtaken  our 
advancing  columns,  the  triumphs  which  have  crowned  their  heroic 
efforts,  in  the  glorious  cause  of  the  country,  have  fisur  outweighed 
ail  the  reverses  they  have  sustained.  We  have  penetrated  the  in- 
surgent country  from  almost  every  point,  by  land  and  sea,  and 


g  INAnaUR^L  ▲DDRSBB. 

oaed  from  their  graep  the  most  productiye  and  p(^iilo«is  States  of 
the  Soath.  To-daj  the  anoient  Flag  of  the  Union  floats  triumph- 
antlj  over  the  soil  <i^  every  rebel  State,  and  waves  from  the  bat- 
tered walls  of  Sumter,  back  as  fiur  as  the  serpent  of  rebellion  csti 
be  traced. 

The  rebel  armies,  defeated  and  demoraliced,  are  being  rapidly 
driven  to  a  common  centre ;  their  currency  worthless,  and  their 
credit  gone ;  their  pretended  jurisdiction  reduced  to  nearly  one- 
third  of  its  original  limits,  and  a  surplus  population  crowded  within 
them  to  subsist  upon  their  meagre  harvests ;  impending  death,  or 
exile,  to  the  leaders,  ruined  fortunes  and  desolated  homes  to  the 
unwilling  masses — this  is  the  end  of  treason,  and  the  doom  of 
traitors  I 

Supported,  and  elected  by  the  loyal  and  patriotic  people  of  Iowa, 
in  a  contest  presenting  the  grave  questions  which  here,  as  else- 
where through  the  loyal  States,  alone  pervaded  the  public  mind 
and  determined  the  result  of  the  recent  elections,  I  but  discharge 
a  plain  duty  to  them,  when  I  express  the  convictions  of  my  own 
mind,  upon  the  portentous  issues  yet  to  be  decided  by  the  valor  of 
our  arms.  While  entertaining  a  profound  respect  for  the  opinions 
of  all  loyal  men,  in  whatever  locality  they  may  be  found,  I  am 
aware  of  no  rule  requiring  deference  to  the  opinions  of  their  ene- 
mies, or  of  any  obligation  I  am  under  to  consult  their  views,  or 
wishes,  in  the  discharge  of  my  official  duties. 

There  is  no  longer  any  middle  ground  where  loyal  men  can 
stand,  and  find  refuge  from  the  stem,  and  positive  obligations  of 
the  hour.  The  times  are  fraught  with  mighty  events,  involving 
the  welfare  of  the  present  and  future  generations,  and  impoee 
the  most  solemn  duties  upon  every  patriot  in  the  land.  It  is  not 
the  merer  dominion  of  a  political  party,  nor  territory,  nor  empire  ; 
but  liberty,  and  the  eternal  principles  of  natural  justice,  bom  of 
God  and,  under  Him,  established  on  this  Continent  by  oar  fathers, 
which  are  staked  upon  the  issue  of  the  strug^e. 

It  needs  no  words  of  mine  to  show  that  the  vigorous  and  8«e- 
eessful  prosecution  of  this  war  is  Ufe  to  the  Republic,  while  to  hes- 
itate for  a  single  hour,  upon  any  pretext  whatever,  or  stop  short  of 
the  unconditional  recognition  of  Federal  authority  by  all  the  re- 
volted States,  would  be  but  a  hollow  truce,  and  deatk  to  our  imitj 
and  Nationality. 


INAUGURAL  ADDHBdB.  9 

Great  and  holy  itit^reots  are  inyolved  in  the  contest.  There  ifi 
no  longer  any  hope  of  their  preserration  by  the  ordinary  modes  of 
adjastment.  They  are,  therefore,  to  be  saved  or  lost,  by  the  arbit- 
rament of  battle.  In  the  terrible  ordeal  through  which  we  are 
passing,  many  old  conditions  are  likely  to  be  rejected,  and  some 
things  which  have  been,  may  not  be  .again;  but  the  patriotic  heart 
may  find  reasons  for  its  faith,  that  all  such  as  are  good  and  sub- 
stantial will  be  retained  and  consecrated  in  the  new  life  of  the 
Nation.  Let  us  hope  that  enemies  in  the  disguise  of  friends,  will 
never  again  occupy  the  high  places  of  power;  that  the  people's 
Treasury  will  not  again  be  robbed  by  official  hands,  their  arms, 
their  arsenals  and  fortifications  turned  against  their  own  Govern- 
memt;  that  the  blighting  curse  of  Human  Slavery  will  no  longer 
receive  protection  by  the  statutes  of  the  land,  nor  exist  in  any  form 
under  the  National  Flag;  and  that  traitors  may  never  again  sit  in 
the  Council  Chambers  of  the  Nation,  nor  plot  their  treason  beneath 
the  dome  of  its  Capitol.  Let  us  pray  to  a  righteous  God  that  such 
Bcends  may  never  stain  the  coming  annals  of  the  Republic,  and  if 
need  be,  that  the  havoc  of  bloody,  desolating  war,  may  abate  not 
until  the  day  of  regeneration  shall  come. 

The  events  of  the  hour,  gmnd  and  irresistible  in  their  course, 
are  rapidly  hastening  to  their  legitimate  results.  He  who  disposes 
while  man  struggles,  and  proposes,  has  pronounced  His  imperial 
decree. 

Those  who  hesitate  now  to  yield  an  unreserved  support  to  the 
Federal  Government,  or  tail  to  sustain  its  constituted  authorities, 
unmistakably  array  themselves  on  the  side  of  its  enemies,  and  will 
be  ao  recorded  in  the  history  of  the  times.  If  treason  is  crime,  to 
sympathise  with  traitors  is  also  clearly  criminal.  While  there  is 
treason  in  the  heart,  the  man  cannot  be  truly  loyal,  and  we  know 
not  how  soon  his  hesitating  courage  may  nerve  him  to  commit  the 
overt  act.  The  line  of  demarkation  between  loyalty  and  treason, 
is  plainly  defined,  and  exceedingly  narrow. 

Obvious  as  these  considerations  are  to  all  discerning  minds,  it  is 
a  painful  reflection,  that  there  exists  a  faction,  in  the  Northern 
States,  which  has  persistently  opposed  the  action  of  our  Govern- 
ment in  its  efforts  to  subdue  the  Behellion,  and  clamored  for  peace 
upon  any  terms.    "While  professing  to  be  loyal,  the  members  of 

this  &ction  have  ^vien  strength  and  courage  to  traitora,  and  by 
2 


10  INAUGURAL  ADDR&8& 

their  condnct  proved  themBelves  the  moet  inaidioiiB,  and  danger- 
oas  foes  of  the  Union.  Becent  events,  however,  have  demonstra- 
ted the  continued  attachment  of  the  patriotic  masses  of  all  parties, 
to  the  perpetuity  of  our  free  institutions;  and  shown  that  they  can- 
not be  deceived  by  mere  pretences  of  loyalty,  or  misled  by  th^  cry 
of  peace,  when  there  is  no  honorable  or  permanent  peace,  short  of 
vigorous  and  successful  war. 

Systematically  opposing  every  measure  yet  devised,  for  a  sue- 
cessftd  prosecution  of  the  war,  and  having  no  mode  of  their  own 
for  an  honorable  solution  of  existing  troubles,  these  malcontents 
seek  to  justify  their  course  by  creating  a  distinction  between  the 
Government  and  its  Administration;  confronting  us  with  the  novel 
doctrine  that  the  Government  is  the  Constitution  and  the  institu- 
tions founded  thereon,  while  the  Administration  is  merely  the 
agents  chosen  by  the  people,  and  responsible  to  them.  Assuming 
to  act  upon  this  theory,  they  claim  the  right  to  oppose  the  latter, 
while  pretending  to  support  and  maintain  the  former. 

This  dangerous  paradox  is  a  fit  companion  of  the  doctrine  of 
^^  State  Rights,"  which  held  the  American  Union  to  be  only  a 
league  between  sovereign  States,  dissolvable  at  their  will;  and 
that  the  citizen  owed  a  paramount  allegiance  to  his  State,  and  only 
a  subordinate  one  to  the  Federal  Government.  A  doctrine  which, 
although  denounced  by  the  stem  old  leaders  of --democracy,  as  de- 
structive of  the  Union,  yet  succeeded  in  diffusing  its  subtle  poison 
through  the  Southern  mind,  and,  finally,  culminated  in  the  crime 
of  treason.  / 

It  deeds  h^t  a  word  of  refutation.  I  do  but  adopt  the  idea  of  a 
great  writer,  when  I  say,  that  our  free,  written  Constitution  is  not 
Government,  but  the  warrant  and  representative  of  Government 
It  is  not  power,  but  the  symbol  of  power,  and  will,  in  any  emer- 
gency, prove  altogether  useless,  unless  the  power  for  which  it 
stands  be  forthcoming.  Where  does  this  power  reside !  Not  in 
the  Constitution,  nor  in  any  of  the  co-ordinate  departments  created 
by  it;  nor  in  the  people,  but  in  all  combined.  These  constitnent 
elements  compose  the  Government,  the  powers  of  which  are  exer- 
cised through  its  constitutionally  appointed  agents,  the  legislative, 
executive  and  judicial  departments.  Without  these,  the  powers 
defined  in  the  Constitution  could  not  be  appropriately  exercised; 
and  without  them,  it  is  obvious,  we  should  have  no  government. 


DrATJGURAL  ADDRB»6.  n 

Therefore,  to  strike  at  any  of  these,  is  to  injnre  the  Government 
itself  to  the  fiill  extent  of  the  blow. 

The  President  of  the  United  States,  for  the  time  being,  is  the 
Supreme  Execative  of  the  Nation,  the  chosen  agent  of  the  people, 
the  pilot  who  guides  the  Ship  of  State.  The  liberty  of  speech, 
and  of  the  press,  guarantied  by  the  Constitution,  is  formidable 
only  to  the  enemies  of  liberty,  in  its  broader  and  more  extended 
sense.  The  right  to  freely  discuss  the  affairs  of  Oovemment,  and 
criticise  the  acts  of  its  agents,  is  fundamental  to  liberty,  and  can- 
not safely  be  denied. 

To  all  this  I  fully  subscribe.  But  the  right  claimed  by  some,  to 
oppose  the  execution  of  the  laws,  and,  by  factious  opposition,  to 
thwart  the  President  in  the  discharge  of  his  high  duties,  at  so  im- 
portant a  juncture,  is  subversive  of  all  liberty,  and  a  right  which 
belongs  to  treason  only. 

Again,  the  "War  Policy  of  the  Government  has  been  continu- 
ously denounced,  as  subversive  of  the  rights  of  the  South,  and  in 
violation  of  the  Federal  Constitution.  It  is  reasonable  to  presume 
that  these  men  have  either  forgotten,  or  never  known,  that  Abra- 
ham Lincoln  is  not  only  President  of  the  United  States,  charged 
with  the  execution  of  ciml  power,  but  also  Commander-in-Chief 
of  the  Army  and  Navy  of  the  Union,  and  thereby  clothed  with 
the  toar  power  of  the  Government.  In  the  exercise  of  his  civil 
functions,  he  is  guided  by  the  plain  language  of  the  Constitution, 
which  defines  the  limits  of  his  power,  and  beyond  this  he  cannot 
go ;  but  in  the  discharge  of  his  duties  as  Commander-in-Chief,  in 
time  of  war,  he  is  governed  only  by  the  laws  of  war,  as  recognised 
among  civilized  nations,  and  such  other  restrictions  as  Congress 
and  the  people  may  impose.  Deriving  his  authority  by  appoint- 
ment of  the  Constitution,  he  is  thereby  vested  with  all  the  power 
which  rightfully  belongs  to  the  Commander-in-Chief  of  any  other 
army  upon  the  face  of  the  Globe.  This  extraordinary  power,  it 
must  be  understood,  is  called  into  exerdse  only  from  a  state  of 
war,  and  cannot  be  exerted  in  time  of  peace. 

By  his  oath  of  office,  the  President  is  sworn  "  to  the  best  of  his 
ability,  to  preserney  protect  ariA  defend  the  Constitution,"  and  in 
the  discharge  of  this  solemn  obligation,  he  may  rightfdlly  exercise 
all  the  power  inherent  in  the  people,  whose  agent  he  is ;  and  that 
he  may  do  this,  they  have  made  him  Commander-in-Chief  of  their 


12  INAUGURAL  ADDRBSfi. 

anaj  aad  navy,  and  the  Constitution  is  the  warrant  of  hig  appoint- 
ment. To  hold,  that  when  called  npon  to  ^^  preserve,  protect  and 
defend  the  Constitutiony  to  the  heet  of  his  ability,^'  he  is  risstricted 
to  the  mere  letter  of  his  civil  authority,  is  to  deprive  him  of  the 
very  means  of  discharging  that  high  dnty,  and  make  the  Constitu- 
tion, thereby,  the  weapon  of  its  own  destmction. 

The  Constitution  is  neither  a  war-making  nor  a  war-prosecuting 
document.  It  empowers  Congress  to  declare,  and  the  President  to 
prosecute  war,  as  the  honor  of  the  Nation  and  the  exigencies  of 
the  case  may  demand.  It  undertakes  neither  to  inform  Congress 
when,  or  in  what  case  war  may  be  declared,  nor  the  President  the 
manner  of  carrying  it  on.  Having  made  them  judges  of  the  situa- 
tion, it  leaves  the  details  of  war  to  their  intelligent  patriotism  and 
sound  discretion. 

Wherein  has  the  Constitution  been  violated,  and  whose  rights 
have  been  subverted  by  the  Federal  Ghovernment?  The  loyal 
States  have  no  reason  to  complain,  and  do  not,  for  the  people  there- 
of having  said,  at  the  beginning,  that  the  rebellion  should  be  put 
down,  becom^e  a  party  to  the  war ;  and  after  a  long  hearing,  and 
fall  understanding  ot  the  case,  they  have  retomed  a  verdict,  mag- 
nifioent  and  overwhelming  in  its  proportions,  that  the  Administra- 
tion was  not  fftdlty  of  the  charges  preferred  against  it.  The  people 
of  the  insurgent  States  have  no  right  to  complain ;  for,  having  re- 
nounced their  allegiance  to  the  Constitution,  levied  war  against  it, 
adopted  a  Constitution  and  government  of  their  own,  and  claiming 
recognition  as  a  separate  and  independent  sovereignty,  they  have 
assumed  the  attitude  of  belligerents  to  the  Federal  Government, 
and  thereby  acknowledged  themselves  entitled  only  to  belligerent 
rights.  Every  right  which,  as  citizens  of  the  United  States,  they 
possessed  under  the  Constitution,  has  been  voluntarily  abandoned, 
and  forfeited,  by  the  rebellion.  These  rights  can  not,  and  should 
not  be  restored  to  them,  until  they  shall  lay  down  their  arms,  sub- 
mit to  the  jurisdiction  of  the  Fed^al  Government,  and  obtain  par- 
don for  their  treason.  In  every  sense  of  the  term,  they  are  enemies 
to  the  Constitution,  to  our  Bepublican  Government,  to  liberty  and 
humanity,  having  but  a  single  constitutional  right  Idfk,  that  of 
being  dealt  with  according  to  the  laws  of  the  land,  for  the  atrocious 
crime  they  have  committed.  No  other  people  or  nation,  upon  the 
£ace  of  the  earth,  could  have  committed  so  high  a  crime  against 


OfAUeURAL  ADDRBSa 


1» 


this  Government,  and  its  flag.  And  now,  while  standing  as  the 
flagrant,  deadly  enemies  of  the  Oonstitation,  with  their  hands  np- 
lifted  at  the  nation's  throat,  we  are  told  that  their  Constitutional 
rights  are  unimpaired,  and  as  substatitial  as  when  they  were  law- 
abiding  and  peaceful  snbjeots  of  the  Qovemment.  Thus  we  are 
asked  to  give  immunity  to  crime,  by  exculpating  the  criminal. 

As  enemies  and  belligerents,  to  what  rights  are  the  insurgent 
States  entitled }  The  Oonstitution  being  entirely  silent  upon  this 
subject,  we  must  resort  for  information,  to  the  laws  of  war,  as 
established  and  recognized  among  the  nations  of  the  world.  The 
eminent  writers  upon  this  subject  agree  in  saying,  that  in  war  we 
may  do  any  act  not  forbidden  by  humanity  or  the  laws  of  nature, 
which  may  harrass  or  weaken  our  enemy.  We  may  confiscate  his 
property  of  every  kind,  and  appropriate  it  to  our  own  use,  for  the 
double  purpose  of  diminishing  his  strength  and  augmenting  our 
own.  We  ;nay  capture  and  detain  his  soldiers,  and  take  their  lives 
if  we  can,  in  legitimate  combat.  All  this  we  are  allowed  to  do, 
because  it  is  a  right  which  belongs  to  every  nation  at  war,  is 
derived ^n^m  and  attaches  io  a  state  of  war.  Theae  well  estab- 
lished aad  fundamental  principles,  have  been  recognized  by  our 
GoFemmtot  in  its  intercourse  with  other  nations,  sustained  by 
repeated  decisions  of  the  Federal  Courts,  and  never  denied  or 
doubted,  except  during  the  present  war,  by  certain  northern  poll- 
ticians,  who  have  throughout,  manifested  more  interest  in  the 
rebellion  than  love  for  the  Union  of  these  States.  And  it  is  prop* 
er  here  to  remark  that  dxe  charaoter  of  belligerents,  has  been  given 
to  the  insurgent  Srtates  by  the  legislative  and  executive  depart- 
ments of  the  Government ;  that  we  have  so  treated  them  daring 
the  entire  war,  and  that  this  action  has  been  sustained  by  a  late 
well  considered  opinion  of  tha  Supreme  Court  of  the  United  StatM, 
in  a  case  folly  and  fairly  presented.  Thi&  question  may,  theretore^ 
be  regarded  as  settled,  so  far  as  the  aetiom  of  this  Government  and 
people,  can  settle  any  question. 

During  the  first  months  of  this  war,  in  common  with  what  I 
believe  to  have  been  a  decided  majority  of  tihe  people,  both  in  and 
out  of  the  army,  I  indulged  the  hope,  and  expressed  the  belief  that 
it  oonld  be  successfiilly  terminated  without  a  direct  attack  upon  the 
local  institations  of  the' south.  The  Qt)vemment  itself  seems  to 
have  entertained  the  same  view,  for  a  remarkable  tend^ness  char* 


u 


IKAUQUBAL  ADDRESS. 


acterizad  its  dealings  with  traitors,  and  the  war  was  prosecuted 
during  the  first  year,  with  eminent  success,  upon  the  theory  of 
doing  the  rebellion  as  little  damage  as  possible.  Bitter  experience 
and  observation,  however,  finally  convinced  me  as  it  did  others,  that 
slavery  was  not  only  **  the  corner  stone  of  the  Confederacy,"  but 
was  thepaioer  which  sustained,  and  the  motive  which  impelled  the 
rebellion.  Every  negro  that  worked  with  a  hoe,  or  drove  a  mule 
on  a  southern  plantation,  was  as  much  enlisted  against  the  Union, 
as  the  soldier  who  served  with  his  gun  in  the  ranks  of  the  rebel 
army ;  and  more  effectively  so  because  the  grain  upon  which  onr 
enemy  subsists,  renders  him  more  formidable  than  his  shells  or  his 
bullets. 

Slavery  stood  like  a  mountain  before  the  advance  of  our  armies, 
and  could  neither  be  avoided  nor  defied.  It  enabled  the  insurgents 
to  place  their  entire  militia  force  in  the  field  against  us,  and  added 
more  than  one-half  to  their  available  strength.  While  slavery  ex- 
isted, treason  had  power  and  object,  and  so  long  would  the  rebellion 
continue,  and  the  war  be  protracted. 

At  the  commencement  of  this  rebellion,  the  four  millions  of  slaves 
inhabiting  the  Southern  States,  were  peaceful  and  loyal  subjects  of 
iMs  Government;  owing  allegiance  to  it,  and  amenable  to  its  laws. 
And  although  they  became  the  unwilling  instruments  oi  treason, 
yet  their  allegiance  has  not  been  and  could  not  be  dissolved.  Upon 
this  people,  therefore,  as  its  legitimate  subjects,  the  Government 
had  as  high  claims  as  it  had  upon  the  white  population  of  the 
south.  By  State  laws  only,  they  were  held  as  slaves,  but  this  was 
in  subordination  to  their  status  as  subjects ;  for,  at  any  time  the 
Qovernment  could  have  taken  them  firom  their  masters,  and  pun* 
ished  them,  like  other  men,  for  violation  of  its  laws,  and  the  fact 
that  they  were  slaves  would  have  been  no  defense.  By  no  act,  or 
deed  has  the  Federal  Government  ever  relinquished  its  sovereign 
daim  upon  this  class  of  its  people;  and  it  could  not  have  done  so, 
with  due  regard  to  the  peace  and  safety  of  the  Union.  No  wise 
Government  would  permit  a  large  and  permanent  population  to 
reside  within  its  limits,  who  are  beyond  its  ultimate  control. 
Whatever  may  be  the  character  given  them  by  mere  local  regula- 
tions, can  not  affect  the  authority  of  the  sovereign  power  over 
them.  These  people  are  not  only  denominated  as  persons  by  the 
Oonstitution,  but  they  have  so  been  treated  by  the  Government,  for 


mAUQURAX  ABDRISBS. 


15 


all  purposes,  daring  its  entire  history.  In  all  these  respects,  at  least, 
the  slaves  were  the  equals  of  their  masters;  thej  could  perpetrate 
the  same  crimes,  be  tried  therefor  bj  the  same  tribunals,  incarce- 
rated in  the  same  prisons,  and  hung  upon  the  same  scaffolds.  And 
while  their  masters  commit  atrocious  treason  against  the  Govern- 
ment which  shelters  all,  have  not  these  oppressed  subjects  a  right 
to  fight  for  it,  and  shed  their  blood  in  defense  of  its  flag? 

If  by  the  offer  of  freedom  we  could  induce  these  bond  subjects 
to  leave  their  treasonable  masters,  and  return  to  their  legitimate 
sovereign,  whom  they  have  never  willingly  offended,  what  princi- 
ple of  law  or  right  would  be  thereby  contravened  7  Has  not  any 
establisked  Government  an  absolute  right  to  exercise  this  sover- 
eign authority  over  its  own  subjects  ?  If  it  be  alleged  that  this 
would  be  a  violation  of  our  faith  with  the  Southern  States,  the 
conclusive  answer  is,  that  they  had  already  violated  theirs  with 
OS  by  attempting  to  dissolve  the  Union.  We  could  as  rightfully  do 
this,  as  we  could  induce  the  soldiers  in  the  rebel  armies  to  leave 
their  ranks  and  return  to  their  allegiance,  by  the  offer  of  a  general 
pardon.  And  to  deny  that  we  can  rightfully  do  either,  is  to  hold 
that  the  individual  claims  of  traitors,  the  rights  and  local  regula- 
tions of  insurgent  States,  are  paramount  to  the  sovereignty  of  the 
General  Government. 

The  period  at  length  arrived  when,  to  insure  success  to  our  arms, 
and  make  the.  overthrow  of  the  Rebellion  a  speedy  and  certain 
event,  an  effectual  blow  at  this  formidable  element  of  rebel  power 
was  imperatively  demanded.  Our  authority  over  the  subject  was 
broad  and  ample,  and  the  necessity  for  the  step  no  longer  doubt- 
fal.  Why  hesitate  to  terminate  the  war,  and  save  the  Union,  by 
losing  slavery  t  It  became  obvious,  that  amid  the  throes  of  this 
mighty  revolution,  one  or  the  other  must  go  down.  The  Union 
and  Slavery  cannot  both  be  saved  from  the  wreck,  for  the  same 
power  which  rescues  the  one  must  inevitably  crush  the  other. 
Which  is  the  more  valuable  for  preservation  t  After  all  its  mani- 
fold crimes  against  liberty  and  humanity,  against  God  and  His 
holy  laws,  what  claim  has  Slavery  upon  this  Government  for  pro- 
tection and  perpetuity)  To  this  reckoning  had  the  Kation  come  on 
the  first  day  of  January,  1S63. 

I  thank  Almighty  God,  that  at  this  momentous  juncture,  we  had 
a  man  at  the  helm  of  this  Government,  who  fully  realized  the  situ- 


X6  IKAUOURAL  ADDBXSS. 

atioB,  and  poflseflsed  ih^  flublime  courage  to  perform  his  datj,  a&d 
place  the  seal  of  condemnation  irrerocablj,  aud  forever,  upon  this 
convicted  criminal  of  mankind.  The  deed  is  done ;  the  righteous 
judgment  has  been  pronounced,  and  trom  his  honest  heart  the 
author  tells  us,  ^^  it  cannot  be  retracted."  fTo  earthly  power  can 
send  back  to  slavery,  these  millions  of  freedmen ;  for  betweeat 
them  and  such  pow^  stand  more  than  twenty  millions  of  other 
men,  to  defend  the  broad  seal  which  that  proclamation  bears. 

In  its  diminished  and  attenuated  form,  slavery  still  lingers ;  but 
it  iB  rdbed  in  the  habiliments  of  the  grave,  waiting  only  for  the 
rites  of  sepulture.  How  these  shall  be  performed  the  world  may 
not  care ;  for  over  its  acenrsed  remains  the  star  of  freedom  shall 
forever  shine,  and  the  loud  hosannas  of  an  emancipated  race  be 
sung  through  all  succeeding  ages. 

The  victim  of  a  morbid  and  treasonable  ambition,  slavery,  has 
been  murdered  in  the  house  of  its  friends.  Upon  them,  not  us, 
the  responsibility  of  its  death  must  forever  rest.  The  Uaioa  as  it 
was,  the  people  of  the  Korth  were  willing  to  uiaintain  and  abide 
by ;  but,  as  the  South  have  determined  otherwise,  it  is  our  duly 
now,  to  insist  upon  the  Union  as  it  should  be,  and  as  our  fathers 
intended  it 

My  ardent  wish  is,  that  this  desolating  war  may  speedily  dose, 
and  the  insui^ent  States  resume  their  political  rights  in  the  Union. 

That  we  may  properly  understand  the  theory  of  reconstruction, 
it  is  important  to  avoid  a  itusapplication  of  the  term.  The  rebel- 
lion having  failed  of  succeed,  the  Union  is  not  dissolved ;  and  there- 
fore, the  disorganised  Stated,  only,  require  to  be  re-constructed. 
Had  they  succeeded  in  achieving  their  sepai'ation,  the  Union,  to 
that  extent,  would  have  been  dissolved,  and  the  question  of  re-oon- 
struction  have  presented  a  different  aspect. 

Having,  by  treason  to  the  General  Government,  and  the  inevi- 
table consequences  of  civil  war,  acoomplished  the  ^destructioa  of 
their  local  organizationei,  and  not  their  disseverance  from  the 
Union,  they  stand  in  the  attitude  of  States,  with  their  government 
subverted  and  overthrown.  JSe-organization,  therefore,  becomes 
an  indispensable  pre^requisite  to  the  resumption  of  their  powers, 
and  privileges,  as  sovereign  States  in  the  Union.  Without  1^1% 
they  have  no  appropriate  medium  through  which  their  constitu. 
tional  rights  can  be  secured  or  exercised.    They  cannot  choose 


IK  AUGURAL  ADDRESS.  X7 

Senatoi^,  or  Bepresentatives  to  Congress^  participate  in  the  election 
of  a  President,  or  enjoy  any  other  regiilation  designed  for  the  com- 
mon benefit  of  the  States.  And  it  is  only  by  means  of  State  Gov- 
ernments, that  they  can  perform  the  fnnctions  of  States,  and  dis** 
charge  the  various  obligations  and  duties  they  owe  to  the  General 
Gov^ernment.  Until  thei^  the  people  of  these  disorganized  States 
must,  from  necessity,  depend  for  protection  upon  the  Federal  Gov- 
ernment, under  the  arm  of  its  military  power.  But  this  theory  by 
no  means  implies  that  these  States  must  be  reduced  to  a  territorial 
condition,  maintained^  during  their  territorial  minorage,  under  a 
Government  provided  for  them,  at  the  expense,  of  the  National 
Treasury,  and  be  re-admitted  into  the  Union  as  States.  It  simply 
means,  what  is  obviously  true,  that  they  have  State  limits,  territory 
and  people,  without  the  essential  machinery  of  State  Governments, 
which  are  the  tetfs  and  means  of  their  political  existence. 

Government  represents,  not  merely  land  and  certain  defined 
territorial  limits,  but  the  people  who  established  it,  and  who  speak 
and  act  tlirough  it,  as  their  political  organ.  These  people,  in  con- 
sequence of  their  treason,  having  disqualified  themselves  for  the 
exercise  of  political  rights,  and  privileges,  their  State  Governments 
have  thereby  become  suspended,  and  must  remain  in  abeyance, 
until  this  disqualification  is  removed  by  act  of  Federal  authority. 

Reduc^  to  this  condition,  the  provisional  control  over  these 
States,  U2itil  fully  re-organized,  and  restored,  is  vested  in  the  Fed- 
eral Government ;  but  when  restored,  it  must  be  under  govern- 
ments which  have  emanated  from  their  own  people,  under  .-Consti- 
tntional  restrictions.  I  recognize  the  right  of  every  State  to  regu- 
late and  shape  its  own  institutions,  but  thi^  right  can  and  should 
be  exercised,  onlj^  in  clear  conformity  with  the  letter  and  spirit  of 
the  Federal  Constitution. 

The  Constitution  prescribes,  that  ^^The  United  States  shall  guar- 
anty to  every  State  in  this  Union,  a  republican  form  of  govern- 
ment.'' This  provision  clearly  implies  an  obligation,  on  the  part  of 
the  United  States,  not  only  to  guaranty  this  form  of  government 
"  to  every  State, ''  but  the  guaranty  is  to  all  the  States,  that  the  gov- 
ernment of  each  State  shall  be  republican  in  form,  whether  the 
people  thereof  will  it  or  not.  This  is  the  plain  spirit,  and  intuit, 
of  the  compact ;  otherwise,  the  right  already  adverted  to,  that  each 

State  may  regulate  its  own  institutions,  would  become  a  source  ot 
3 


Ig  IKAVGUIUL  ADDRSB& 

iminineat  peril  to  the  Uaiou.  Without  this  salutary  check  upon 
the  action  of  States,  we  might  soon  have  a  cluster  of  anti-repul>- 
lican  governments,  springing  up  within  the  limits  of  tlie  Union,  to 
accomplish  its  retrogression  and  ultimate  overthrow. 

The  events  of  the  last  few  years,  having  fully  demonstrated  the 
irrepressible  antagonism  of  slavery  to  our  Republican  institutions, 
and  lefk  the  question  no  longer  to  abstract  discussion,  or  interpre- 
tation ;  our  manifest  duty,  under  the  constitution,  is  while  the  au- 
thority is  rightfully  iu  our  hands,  to  see  that  no  new  or  remodeled 
Government  is  received,  which  presents  this  obviously  anti-republi- 
can feature. 

Under  proper  auspices,  and  a  just  regard  for  mutual  rights,  the 
process  of  reconstruction  may  keep  pace  with  the  advance  of  our 
arms.  With  suitable  assistance  the  people  of  the  insurgent  States 
may  be  restored  to  their  legitimate  rights  in  the  Union,  as  rapidly 
as  the  hostile  ipower  is  expelled  from  their  borders.  To  effect  this 
consummation,  some  mle  should  be  prescribed,  plain  and  just  in 
itself,  compatible  with  the  dignity  of  the  Government,  and  the 
perpetuity  of  the  Union.  Emerging  from  the  calamities  of  this 
conflict,  let  us  secure  an  honorable  and  pennauent  peace,  and  seal 
forever  the  terrific  fountains  of  civil  war.  By  doing  less  than  this, 
we  would  prove  faithless  to  the  sacred  trusts  committed  to  our  care, 
embitter  the  heritage  of  posterity^  and  commit  a  monstrous  crime. 

No  true  patriot,  no  sincere  wisher  of  a  restored  and  honored 
Union  could  desire  the  wicked  and  in&mous  leaders  of  this  rebel- 
lion reinstated  in  their  places  under  this  Government,  where,  by  a 
repetition  of  their  gigantic  frauds,  and  intrigues,  they  might  again 
attempt,  what  they  have  so  signally  failed  to  accomplish  by  the 
gage  of  battle.  Every  motive  of  selt-preser^'ation  and  the  sternest 
dictates  of  patriotic  duty,  demand  of  us  to  guard  well  this  vital 
point.  Let  us  expunge  forever  diese  infamous  names  from  the  roll 
of  the  Union.  Let  us  appeal  directly  to  the  less  criminal  offenders 
and  the  more  tractable  masses.  To  none  others  would  it  be  safe  or 
expedient  to  ext^id  the  boon  of  amnesty  or  enfranchisement,  and 
not  to  these  even,  except  upon  the  just  and  easy  terras  of  being 
purged  of  their  treason  and  plighting  anew  their  faith  to  the 
Union. 

Any  effort  at  restoration,  to  be  substantial  and  productive  of  sat- 
isfactory results,  should  be  inaugurated  upon  a  theory  which  will 


INiineUR4L  ADDRE»a  ,      i^ 

inspire  mutual  confidence  between  the  pflrties,  aud  comatituto  a 
basis  sufficiently  comprebensiye  to  embrace  aU  wbo,  bj  a  reoaOitf^ 
tiou  of  tbeir  disloyalty,  may  qualify  themselves  for  and  become 
entitled  to  its  benefits.  The  initial  point  is  obviously  the  most  vi- 
tal, and  difficult ;  for  if  we  start  with  a,  wrong  reckoning,  our  future 
course  will  be  oo.e  of  constqjit  embarrassmtents,  and  fail  of  ultimate 
suecesft. 

Profoundly  impressed  with  these  convictions,  and  firmly  believ- 
ing that  no  more  feasible  mode  has  yet  been  devised  for  securing 
a  speedy  and  honorable  adjustment  of  our  disordered  Union,  I  am 
prepared  to  fully  endorse  the  late  eminently  plain  and  sensible 
proclamation  of  President  Lincoln,  and  until  withdrawn,  or  super- 
seded by  some  more  authoritative  act,  shall  yield  to  it  my  earnest 
and  unequivocal  support. 

I  can  see,  in  this  Proclamation,  much  to  admire  and  nothing  to 
condemn.  If  it  be  objected  that  one-tenth,  being  the  number  of  per-- 
sons  therein  designated  as  the  badis  of  reorganization,  be  too  small, 
tlie  appropriate  answer  is,  that  it  bears  a  fair  proportion  to  those  who, 
for  the  last  half  century,  have  controlled  the  politics  of  and  usurped 
authority  in  the  south;  and  will  exceed,  in  each  State,  the  number 
of  those  who  kindled  the  fires  of  this  rebellion,  and  whose  treason 
created  the  condition  of  things  of  which  this  restored  tenth  have 
become  the  sad  and  unwilling  victims.  It  is  t)ut  the  beginning  of 
a  great  consummation,  and  forms  a  nucleus,  around  which  the  re- 
turning loyalty  of  the  South  may,  daily,  and  rapidly  gather^  as 
they  comply  with  the  just  and  easy  terms  of  the  Proclamation. 

TheProdamation  prescribes  only  the  minimum  number  necessary 
to  constitute  the  basis  of  re-organization,  excluding  only  the  more 
criminal  actors,  and  those  who  persist  in  adhering  to  their  treason. 

Amnesty  is  a  boem,  ikdt  a  right,  and,  as  criminals  before  the  law, 
they  are  in  no  sitaation  to  dictate  its  terms,  but  must  submit  te. 
thjose  which  the  Gk^v^mio^nt,  in  the  exercise  of  its  clemency,  may 
deem  it  wise  to  grant. 

If  this  mode  <^  adjustment  engenders  revolution  in  the  politi- 
cal relations  of  the  south,  it  will  be  a  revolution  of  right  against 
wrong,  and  of  which  the  oppressed  and  injured  masses  will  derive 
the  benefits. 

By  steadily  adhering  to  these  principles,  as  I  trust  we  shall,  we 
may  succeed,  after  much  wandering,  and  great  tribulation,  in 


20  INAUGURAL  ADDRESS. 

bringing  this  Government  back  to  its  ancient  and  safer  land-marks 
of  nniversal  freedom,  and  perpetual  nnity. 

I  cannot  close  this  communication,  and  forego  the  opportunity 
presented,  to  congratulate  the  General  Assembly,  and  the  people, 
upon  the  auspicious  condition  of  the  State.  A  kind  Providence 
has  blessed  us  with  adequate  harvests,  and  a  full  measure  of  pros- 
perity in  all  our  undertakings.  By  His  mercy  we  have  been  ena- 
bled to  pass  through  the  trying  scenes,  now  drawing  to  a  close, 
with  honor  and  success.  All  efforts,  by  bad  and  reckless  men,  to 
obstnict  the  execution  of  the  laws  and  disturb  our  domestic  peace, 
have  been  promptly  thwarted.  Our  obligations  to  the  National 
Government  have  been  faithfully  performed;  and  our  people, 
whether  at  home  or  in  the  field,  have  nobly  vindicated  their  devo- 
tion to  the  Union.  The  financial  affairs  of  the  State  were  never  in 
a  sounder  condition.  Notwithstanding  the  extraordinary  expendi- 
tures, rendered  unavoidable  by  military  operations,  the  revenue  on 
hand,  and  due  from  the  several  sources,  exceeds,  by  many  thousand 
dollars,  the  total  indebtedness  of  the  State.  Without  hazard  to  our 
credit,  we  may  challenge  comparison  with  any  otlier  State  in  the 
TTnion.  For  tliis,  much  credit  is  due,  and  should  be  awarded,  to 
the  out-going  Executive,  who  has  administered  the  aftairs  of  the 
State  with  marked  economy,  and  discharged  his  onerous  and  com- 
plicated duties,  with  an  ability  and  patriotism  deserving  of  the 
highest  commendation. 

Entertaining  implicit  confidence  in  your  intelligent  and  patriotic 
regard  for  the  public  interests,  and  conscious  of  no  motive,  on  my 
own  part,  inconsistent  with  their  advancement,  I  shall  indulge  in 
the  hope  that  our  mutual  counsels  and  joint  labors,  may  be  pro- 
ductive of  good  to  the  commonwealth. 

With  humble  faith  that  God  will  continue  to  bless  our  young 
State,  and  in  His  own  good  time  deliver  our  common  country  from 
the  calamities  of  cruel  war,  let  us  enter  upon  the  discharge  of  our 
respective  duties. 

W.  M.  STONE. 


REPORT 


OF  THB 


AUDITOR  OF  STATE 


TO  THB 


TENTH  GENERAL  ASSEMBJ.Y  OP  THE  STATE  OF  IOWA. 


NOVEMBER  2,   1868. 


DES  MOINES : 

F.  W.  PALMER.  STATE  PRINTBR. 
1803. 


REI^ORT. 


AUDITOR'S  OFFICE,  IOWA,  ) 
Des  Moines,  Nov.  2,  1863.      J 

To  the  General  Assembly  of  the  State  of  Iowa : 

In  compliance  with  law,  I  have  the  honor  of   submitting  the 
following  Report,  showing  the  condition  of  the  several  funds  of  the 
State,  and  the  transactions  of  this  Department  during  the  two  fis- 
cal years  commencing  November  4:th,  1861,  and  ending  November 
Ist,  1863 ;  both  days  inclusive,  containing  the  following  exhibits : 
1st — ^Receipts  and  Disbursements  of  State  Revenue. 
2d — Receipts  and  Disbursements  of  War  and  Defense  Fund. 
3d — ^Recapitulation  of   Receipts  and   Disbursements  of    State 

Revenue  and  War  and  Defense  fund  combined. 
4th — ^Expenditures  of  State  Revenue  and  to  what  account  charged. 
6th — ^Revenue  Warrants  issued,  redeemed  and  outstanding. 
6th — War  and  Defense  Warrants  issued,  redeemed  and   out- 
standing. 
7th — State  Indebtedness. 
8th — ^Resources  of  the  State. 

9th — Estimated  Expenditures  for  the  two  ensuing  years. 
10th— War  and  Defense  fund. 

11th — Disbursement  of  the  Auditor's  Contingent  Fund. 
12th — ^Penitentiary  Improvements. 
13th — ^Hospital  for  the  Insane. 
14th — Institution  for  the  Blind  at  Vinton. 
15th — State  Bank — ^Branches'  balances. 
16th — Statement  "  A,"  Delinquent  tax  due  from  coimties. 
17th— Statement  "B,"  Assessment  and  State  tax  for  1863. 
18th — ^Remarks. 

19th — Statement  "C,"  Insurance  Companies. 
20th — ^Receipts  and  Disbursements  of  School  Fund. 


[  AUDITOR'S  REPORT. 

2l8t — Statement  "D,"  School  Fund  apportionment  of  March,  1862. 
22d— Statement  "E,"      "         «  "  "    Sept.,  1862. 

23d— Statement "  F,"       "  ''  «  "  March,  1863. 

24th— Statement "  G,"     "         "  "  "    Sept.,  1863. 

25th^— Statement  '>  H,"  Permanent  School  Fund  in  the  counties. 
26th — Statement  "  I,"  Changes  in  the  Permanent  School  Fund. 
27th — Special  notes  in  regard  to  Permanent  School  Fund  in  cer- 
tain counties. 
28th — Statement  "  K,"  amount  of  Permanent  School  Fund. 
29th — Remarks  relating  to  School  Fund. 


IsT— RECEIPTS  AND  DISBURSEMENTS  OP  STATE  REVENUE. 

1861. 

Nov.  i.  Balance  in  the  Treasury  this  date,  $28,089.13 
'    1862. 
Mar.  3.  To  am't  rec'd  during  quarter  ending 

this  day, 113,625.47—141,664.60 

OONTBA. 

1862. 

Mar.  3.  By  Auditor's  Warrants  redeemed,  $96,136.86 

"      "  '*   Interest  allowed  on  the  same, . .     1,815.06 

''      «  "   balance  to  next  quarter, 43,713.70—141,664.60 

Mar.  3.  To  balance  brought  forward, $43,713.70 

May  31.  To  amount  received  during  quarter 

ending  this  day, 127,401.55—171,115.25 

CONTRA. 

June  2.  By  Auditor's  Warrants  redeemed,  $98,148.13 
"  "  "  Interest  allowed  on  the  same, .  1,439.70 
"     "    "   balance  to  next  quarter, 71,627.42—171,115.25 

June  21.  To  balance  brought  forward, $71,527.42 

Aug.  28.  To  amount  received  during  quar- 
ter ending  this  day, 90,312,01—161,839.43 

OONTBA. 

Aug.  30.  By  Auditor's  Warrants  redeemed,  $93,253.41 
"  "  "  Interest  allowed  on  the  same,  1,243.27 
"    "      "  balance  to  next  quarter, 67,842.75—161,839.43 


» 


AUDITOR'S  REPORT.  6 

Aug.  30.  To  balance  brought  forward, ....  $67,342.75 
Oct.  31.    To  amotmt  received  during  quarter 

ending  this  day, $21,792.96—  89,135.71 

OONTfiA. 

Nov.  2.  By  Auditor's  Warrants  redeemed,  $51,323.52 
"  "  "  Interest  allowed  on  the  same, .  1,533.90 
"    "     "   balance  to  next  quarter, 36,278.29—  89,135.71 

Nov.  2.  To  balance  brought  forward, $36,278.29 

1863. 

Jan.  3.  To  amount  received  during  quarter 

ending  this  day, • 75,528.42—111,806.71 

OONTBA. 

Jan.  6.  By  Auditor's  Warrants  redeemed,  $73,611.19 
"  "  "  Interest  allowed  on  the  same, . .  1,502,63 
u    a    a  balance  to  successor,  Wm.  H. 

Holmes, 36,692.89—111,806.71 

Jan.  5.  To  balance  firom  predecessor,  J.  W. 

Jones, $36,692.89 

Feb.  28.  To  amount  received  during  quarter 

ending  this  day, 74,807.28—111,500.12 

OONTBA, 

Mar.  1.  By  Auditor's  Warrants  redeemed,  $46,248.53 
"  "  "  Interest  allowed  on  the  same,. .  3,079.70 
"     "    "    balance  to  next  quarter, 62,171.89—111,500.12 

Mar.  1.  To  balance  brought  forward, $62,171.89 

May  30.  To  amount  received  during  quarter 

ending  this  day, 205,282.04—267,453.93 

OONTBA. 

June  1.  By  Auditor's  Warrants  redeemed,  $83,917.45 
"  "  "  Interest  allowed  on  the  same,. .  1,755.59 
"     "    "   amount  apportioned  to  sundry 

counties  for  Railroad  tax, 3,858.29 

June  1.  By  balance  to  next  quarter, 177,922.60—267,453.93 

June  1.  To  balance  brought  forward, 177,922.60 

Sept.  5.  To  amount  received  during  quarter 

ending  this  day, 109.964.26—287,886.85 


6  AUDITOirS  RBPOBT. 

CONTRA. 

Sept.  7.  By  Auditor's  Warrants  redeemed,    86,060.87 

"    "    '*   Interest  allowed  on  the  same,. .        918.96 

"    "    "   amount  apportioned  to  sundry 

counties  for  Railroad  tax, 1,697.67 

Sept.  7.  By  balance  to  next  quarter, 199,209.86—287,886.85 

Sept.  7.  To  balance  brought  forward, 199,209.86 

Oct.  31.  To  amount  received  during  quarter 

ending  this  day, 48,102.69—247,312.55 

OONTBA. 

Nov.  2.  By  Auditor's  Warrants  redeemed, .  46,961.19 
"  "  "  Interest  allowed  on  the  same,. .  593.12 
"    "    "   balance, 199,768.24— 247,312,55 

BECAPrrULATION. 

Balance  in  the  Treasury  Nov.  4,  1861, ....  $28,039.13 

Amount  of  receipts  during  the  two  years, .  .866,816.62 — 894,855.75 

OONTBA. 

Auditor's  Warrants  redeemed, 675,669.64 

Interest  paid  on  redeemed  Warrants, 13,881.91 

Amount  apportioned  to  sundry  counties  for 

Eailroad  tax, 5,666.96 

Amount  applied  for  redemption  of  War  and 

Defense  Fund  Warrants  and  Interest,.  169,004.14— 854,101.65 

Leaving  balance  in  Treasury  Nov.  2, 1863,  .        $40,754.10 

Note.— The  difference  in  the  bftlances  of  State  Revenae  in  this  Report,  and 
that  of  the  State  Treasurer,  ou  March  Ist,  June  Ist  and  Sept  7th,  1868,  is  caused 
hy  the  Railroad  Tax  being  included  in  the  State  Revenue  account  in  this  Report^ 
and  hi  that  of  the  State  Treasurer  it  is  kept  in  a  separate  account 

an— RECEIPTS  AND  DISBURSEMENTS  OF  WAR  AND.DEB*ENSB  FUND. 

1861. 

Nov.  4.  Balance  in  Treasury  this  date,. . .  $24,629.93 

1862. 

Mar.  1,  To  am't  received  from  sale  of  State 

Bonds  to  date, 92,092.00 


AUDITOR'B  BEPORT.  ^ 

0 

Mar.  1.  To  Am't  received  from  Tmsdale 

to  date, 6.00 

u    (i    u  Am't  received  from  Adj.  Gen. 

Baker  to  date, 17.60 

"    "    "  Am't  received  from  H.  Price, 

P.  M.  General, 7,144.10—128,889.63 

OONTBA. 

Mar.  3.  By  W.  &  D.  Warrants  redeemed,  123,248.76 
"    "    "  Interest  allowed  on  same, ....  698.99 

"    "    "  Balance  to  next  quarter, 41.88—123,889.63 

Mar.  3.  To  balance  brought  forward, 41.88 

May  31.  ^^  Am't  rec'd  from  sale  of  State 

Bonds  to  date, 67,784.00 

«    u    c<  Am't  rec'd  from  sale  of  Mare, .  96.00 

"•    **    "  Am't  rec'd  from  Counties  for 

Federal  Tax  to  date, 14,836.17—  82,767.06 

OONTBA. 

June  2.  By  W.  &  D.  Warrants  redeemed,  69,964.65 

"    "    "  Interest  allowed  on  same, 1,269.40 

"    «    "  Re-issued  W.  &  D.  Warrants 

redeemed, 2,391.41 

«    «    «  Balance  to  next  quarter, 9,161.69—  82,767.06 

June  2.  To  balance  brought  forward,  ....  91,161.69 
Aug.  30.  '^  Am't  rec'd  from  sale  of  State 

Bonds  to  date, 36,176.00 

«     «    «  Am'trec'dofthe  United  States  20,000.00 
"     "    "   Am't  received  from  Counties 

for  Federal  Tax  to  date, 86,624.04—161,861.73 

OONTBA. 

Sept.  1.  By  W.  &  D.  Warrants  redeemed,  96,887.87 
"  "  "  Interest  allowed  on  same,  . . .  2,410.96 
«    «    "    Ee-issued  W.  &  D.  Warrants, 

redeemed 2,769.91 

"    "    «   Balance  to  next  quarter,  ....  60,783.00—161,861.73 

Sept.  1.  To  balance  brought  forward, ....  60,783.00 
((    4(    u    Am't  received  from  Counties 

for  Federal  tax  to  date, 17.430.37—  68,213.37 


« 


8  AtDITOR^S  REPORT. 


% 


COKTBA. 

Nov.  1.  By  W.  &  D.  Warrants  redeemed,  41,180.87 

"    "    *'  Interest  allowed  on  same 507,80 

"    "    «  Re-issued  W.  &  D.  Warrants 

redeemed, 362.10 

"    "    «  Balance  to  next  quarter, 26,162.60—  68,213.37 

Nov.  1.  To  balance  brought  forward, 26,162.60 

1863. 

Jan.  8.  To  am't  received  from  Adj.  Genl. 
Baker  for  sale  of  blankets,  pow- 
der, clothing,  &c.,  to  date, 1,620.22 

"    "    "  Am't  received  from  Counties 

for  Federal  tax,  to  date, 79,950.70—107,733.62 

OONTBA. 

Jan.  5.  By  W.  &  D.  Warrants  redeemed,    86,673.81 
"    "    "    Interest  allowed  on  same,  . . .       1,043.97 
"    «    «    Re-issued  W.  &  D.  Warrants 
"    "    "    Balance  to  successor  Wm.  H. 

Hohnes, 19,379.43—107,733.52 

Jan.  5.  To  balance  from  predecessor  J.  W. 

Jones, 19,379.48 

Feb.  28,  To  amount  rec'd  from  Adj.  Gen. 

Baker  for  sale  of  powder  Ac, 

to  date, 136.20 

"    "    "  Am't  recei'd  from  Counties  for 

Federal  tax,  to  date, 29,568.34—  49,077.97 

CONTB A. 

Mar.  2,  Bj  W.  &  D.  Warrants  redeemed  43,619.05 

"    "    "    Interest  allowed  on  same, 1,193.93 

"    "    "    Re-issued  W.  &  D.  Warrants 

redeemed, 1,005.0S 

"    "    "    Balance  to  next  quarter, 8,369.97—  49,077.97 

Mar.  2.  To  balance  brought  forward, $  3,369.97 

May  30.  "  amount  received  from  Counties 

for  Federal  Tax  to  date, 43,818.17 

May  30.  To  balance  overdrawn  from  State 

Revenue, 12,369.56—  59,547.70 


AUDITOR'S  REPORT.  9 

CONTRA. 

June  1.  By  W.  and  D.  Warrants  redeemed,$57,110.23 

"         "  Interest  allowed  on  same, 1,411.12 

"         "  Ke-issued  W.  and  D.  Warrants 

redeemed, 10,268.36  —59,547.70 

Sept.  5.  To  amount  received  from  counties 

for  Federal  Tax  to  date, $23,598.77 

Sept.  5.  To  balance  overdrawn  from  State 

Eevenue, 146,074.76—169,673.53 

OONTBA. 

Sept.  6.  By  W.  and  D.  Warrants  redeemed,$152,923.12 

"    "    "  Interest  allowed  on  same, 4,189-82 

"    "    "  Ke-i68ued  W.  and  D.  Warrants 

redeemed, 191.03 

"    "     "   Balance  overdrawn  from  last 

quarter, 12,369.56—169,673.53 

Oct.  31.  To  amount  received  from  counties 

for  Federal  Tax  to  date, $  6,560.47 

"    "    "  Balance  overdrawn  from  State 

Revenue, 159,004.14—166,664.61 

CONTRA. 

Nov.  2.  By  W.  and  D.  Warrants  redeemed,  $19,258.84 

"      "    "  Interest  allowed  on  same, 231.01 

"      "    "  Balance  overdrawn  from  last 

quarter, 146,074.76—165,564.61 

REC  APITULATION. 

Balance  in  the  Treasury  Nov.  4,  1861, . .  $24,629.93 

Amount  received  for  Federal  Tax, 302,282.03 

Amount  of  receipts  from  all  other  sources 

during  the  two  years, 225,070.12 

Balance  overdrawn  from  State  Ilevenue,.159,004.14— 710,986.22 

CONTRA. 

Auditor's  War  and  Defense  Warrants  re- 

deemed, 689,657.10 

Interest  paid  on  redeemed  Warrants, . . .    12,846.99 

Auditor's  re-issued  W.  and  D.  Warrants 

redeemed, 8,482.13—710,986.22 

2 


10  AUDITOR'S  REPORT. 

8d  recapitulation. 

Showing  the  Beceipts  and  Disbursements  of  State  Bevenne  and 
War  and  Defense  Fund  combined,  and  the  actual  amount  of 
State  Eevenue  in  the  Treasury. 

BECEIPTS. 

1861. 

Nov.  4.  Balance^^in  the  Treasury,  of  State 

Bevenue, 28,039.13 

*'    "   Balance  in  the  Treasury,  of  War 

and  Defense  Fund, 24,629.93 

«    "  Balance  of  both  Funds  in  Treas'y,  52,669.06 

Amount  received  account  of  State  Bev- 
enue, during  the  two  years, 866,816.62 

Amount  received  on  account  of  the  War 
and  Defense  Fund  during  the  two 
years, 627,352.15—1.446,837.83 

DISBUBSEHENTS. 

Amount  paid  out  for  redemption  of 
Warrants  and  interest  and  apportion- 
ment of  Bailroad  Tax  on  account  of 
St(Ue  Bevenue, 695,097.51 

Amount  paid  out  for  redemption  of 
Warrants  and  interest  on  account  of 
War  and  Defense  Fond, 710,986.22—1,406,083.73 

Leaving  balance  in  Treasury  of  State 
Bevenue^  Nov.  2, 1863, 40,754.10 


AUDITOR'B  RBPORT. 


11 


4th— EXPENDITURES  OF  STATE  REVENUE. 

Showing  the  amount  of  Warrants  issued  and  to  what  account 
charged,  and  other  expenditures  of  General  Kevenue  during  the 
two  fiscal  years  just  past. 


ACCODNTS. 


I    ExceM  oyer 

iamoant  of  pay 
to  Dec.  81flt, 
1868. 


Amoant 
propriated 
nndrawn. 


ap- 
and 


Amount     Ex- 
pended. 


Adjutant   General's  salary, 

Assistant  Adj.  Gen.'s  salary, . . 

Attorney  General's  salary, 

Auditor  of  State's  salary, 

Dist.  Attorney's  salary,  1st  Dist. 
Dist  Attorney's  salary,  2nd  Dist. 
Dist.  Attorney's  salary,  3d  Dist. 
Dist.  Attorney's  salary,  Ith  Dist. 
Dist.  Attorney's  salary,  5th  Dist. 
Dist.  Attorney's  salary,  6th  Dist. 
Dist.  Attorney's  salary,  7th  Dist. 
Dist.  Attorney's  salary,  8th  Dist. 
Dist.  Attorney's  salary,  9th  Dist. 
Dist,  Attorney's  sal'y,  10th  Dist. 
Dist.  Attorney's  sal'y,  11th  Dist. 
Dist.  Judge's  salary,  1st  Dist. . . 
Dist.  Judge's  salary,  2nd  Dist. . 
Dist.  Judge's  salary.  3rd  Dist. . 
Dist.  Judge's  salary,  4th  Dist. . . 
Dist.  Judge's  salary,  5th  Dist. . 
Dist.  Judge's  salary,  6th  Dist. . 
Dist.  Judge's  salary,  7th  Dist. . 
Dist.  Judge's  salary,  8th  Dist. . 
Diet.  Judge's  salary.  9th  Dist. . 
Dist.  Judge's  salary,  10th  Dist. 
Dist.  Judge's  salary,  11th  Dist. 

Governor^  salary, 

Janitor  and  Night-Watch, 

Register  of  State  Land  Office's 

salary, 

Secretary  Agricultural  College 

and  larm's  salary, 

Secretary  of  State's  salary, 

Secretary  of  Board  of  Education's 

Salary, 

State  Treasurer's  salary, 

Surgeon  General's  salary, 

Supreme  Judge's  salary,  E.  P. 

liOwe, 


$    558  44 
161  00 

•  a.    ..... 

217  40 
211  00 
211  00 
211  00 
211  00 
411  00 
211  00 
211  00 
211  00 
211  00 
211  00 
211  00 
300  00 
300  00 
300  00 
300  00 
300  00 
300  00 
300  00 
800  00 
300  00 
300  00 
300  00 


$ 


214  40 

228  99 
209  40 

200  00 
214  40 
325  00 


946 
402 
167 
420 
311 
311 
511 
411 
561 
411 
634 
311 
311 
661 
361 
517 
625 
625 
517 
517 
518 
625 
517 
625 
625 
949 
1,500 
122 


50 
25 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
51 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
99 
00 
00 


417  00 


395 
411 

427 
418 
660 


66 
00 

00 
00 
00 


453  95 


$  2,053  50 
997  75 
2,000  00 
2,830  00 
1,423  75 
1,489  00 
1,289  00 
1,323  00 
1,289  00 
1,389  00 
1,100  00 
1,423  00 
1,689  00 

1.438  49 

1.439  00 
2,950  00 
2,975  00 
2,975  00 
2,950  00 
2,950  00 
3,198  67 
2,975  00 
3,083  00 
3,375  00 
3,375  00 
2,550  68 
3,112  09 
1,491  00 

2,833  00 

2,020  99 
2,839  00 

2,888  35 
2,882  00 
1,340  00 

4,252  45 


12 


AUDITOR'S  REPORT. 


EXPENDirnRBS—CoNTmuBD. 


Accounts. 


Bxcess  over 
amoant  of  pay 
to  Dec.  8lBt, 
1868. 


Amoant  ftp> 
propriated  and 
undrawn . 


Amoant   Ex* 
pended. 


Supreme  Judge's  salary,  George 

Or.  Wright. 

Supreme  Juage's  salary,   Caleb 


Baldwin, 
Penitentiary  Clerk's  salary, .... 
Penitentiary  Chaplain's  salary, . 
Penitentiary  Physician's  salary. 
Penitentiary  Warden's  salary, . . 
Penitentiary  Dep.  War.'s  salary, 
Adjutant  General's  Contingent 


'und, 

Attorney  General's  Fees  and 
Mileage, 

Auditors  Contingent  Fund, .  . . 

Governor's  Contingent  Fund, . . 

Register  State  Land  Office's  Con- 
tingent Fund, 

Secretary  Agricultural  College's 
Contingent  Fund, 

Secretary  of  State's  Contingent 
Fund, ^... 

Secretary  of  Board  of  Eduea- 
tion'B  Contingent  Fund, 

State  Treasurer's  Contingent 
Fund, 


$ 


Supreme     Court's    Contingent 


und, 
State  Superintendent  of  Weights 

and  Measures, 

Extraordinary  expenses  Execu- 


tive Department, 
Contii 


General  Contingent  Fund, 

For  fuel, 

For  arrest  of  fugitives  from  jus- 
tice,   

For  Postage  Executive  Office, . . 

For  Postage  Secretary  of  State, 

For  Postage  Auditor, 

For  Postage  Treasurer, 

For  Postage  Register, 

For  Postage  Secretary  of  Board 
of  Education, 

For  Postage  Attorney  General, . 


877  48 

458  35 
166  63 
846  56 
396  68 
111  40 
159  18 

429  T6 
44  50| 


$ 


337  00 

669  50 

187  50 
75  00 


250  00 
187  50 

1,630  93 

226  50 
458  74 
600  00 

487  63 

1,212  21 

183  30 

120  00 

106  67 

359  05 

850  00 

2,592  12 
1,909  69 


$ 


4,060  97 

3,665  25 
1,500  00 
687.50 
457  00 
2,000  00 
1,500  00 

1,869  07 

756  00 
2,511  93 
1,500  00 

1,389  60 

1,363  74 

2,026  00 

880  00 

1,393  33 

2,651  27 

50  00 

18,637  25 
9,308  15 


AUDITOB*S  REPORT. 


18 


£XPENDITURES--CoNTmuBa 


Bxcees  over 
amount  of  pay 
to  Dec.  8lBt, 
1888. 


Amonnt  ap- 
propriated and 
andrawn. 


ACCOUNTS. 


Amount   Ex- 
pended. 


For  Postage  Adjutant  General, .  $ 

For  Attorney's  Fees  in  State 
cases, 

For  repairs  on  State  House  and 
Grounds  and  Furniture  and 
repairs  in  Legislative  Halls, 
&e 

For  Lights, 

For  Furniture  and  supplies  for 
Offices  and  repairs,  &c., .... 

For  Drayage  and  Express, .... 

For  Carpeting 

For  Labor, 

For  Miscellaneous  bills, 


2,205  34 
800  00 


849  89 
388  55 

272  96 
109  50 
676  82 
165  65 
348  91 


9,308  15 


ACCOUNTS. 


I  Amount  appro- 
priated ana  on- 
I  drawn. 


Amonnt  expended 


Quarter  Master  General's  Expenses, 

Blind  Asylum  Support, 

Deaf  and  Dumb  Institution, 

Hospital  for  Insane  County  Dues, 

Hospita-l  for  Insane  Deficiency, 

Hospital  for  Insane  Trustees  Expenses,. . 
Hospital  for  Insane  furnishing  and  fin- 
ishing building, 

Interest  on  Bonds  issued  in  1858, 

Interest  on  School  fund  Loans, 

Interest  on  War  and  Defense  Bonds, . . . 

Penitentiary  Contingent  Fund, 

Penitentiary  General  Support, 

Penitentiary  Indebtedness, 

Penitentiary  Improvements, 

Penitentiary  Guard  Pay, 

Penitentiary  Library, 

Agricultural  Societies, 

Army  Vote, 

Army  of  Protection,  (for  N'thwst'n  Iowa), 

Allotment  Commissioners, 

Capitol  Building  Repairs, 

Des  Moines  River  Lands, 

Eighth  General  Assembly, 


I 


2,937  22 


7,245  00 

9,216  37 

11,469  12 

901  00 

4,620  62 

246  10 

628  50 

2,253  41 


110  26 


202  08 
3,060  47 


$  1,807  89 
15,600  00 
15,600  00 
87,144  88 
13,504  15 
899  45 

26,180  96 

28,280  00 

27,271  87 

36,577  52 

99  00 

18,461  02 

1,758  90 

2,636  50 

10,900  06 

100  00 

11,747  86 

14,763  00 

365  00 

565  15 

112  95 

949  53 

5  00 


14 


AUDITOR'S  REPORT. 


EXPENDITURBI:^-CoKTiinnBix 


ACCOUNTS. 


k  Amount  appro- 
riated  ana  nn* 
rawn. 


Amount  expended 


Eighth  General  Assembly  Extra  Session, 

Governor's  Aids, 

9th  Genl.  Assembly  members  and  officers, 

9th  General  Assembly  Postage, 

9th  General  Assembly  Newspapers, 

9th  Genl.  Assembly  ContingT  Expenses, 

9th  Genl.  Assembly  Extra  Session, 

Pnblishing  laws  in  newspapers, 

Reports  oi  Iowa, 

Spirit  Lake  Expedition, 

State  Bank  Expenses, 

Swamp  Lands, 

Stationery, 

Special  appropriations, 

State  Binding, 

State  Printing, 

Teachers'  Institutes, 

Blind  Asylum  Building  at  Vinton, 

Board  of  Education, 

Commissioner  of  Emigration  Salary, 

Oommissioner  of  Emigration  office  rent,. 
Mileage  Agricultural  t5ol.  Board 


$ 


Total  amount  of  Warrants  issued, 


Interest  paid  on  Warrants  redeemed, . . . 
Mileage  to  Co.  Treasurers  by  certificates. 
Commission  to  Banks  forward'g  Bevenue, 


Deduct  for  money  refdnded  as  follows:. . 
Quarter  Master  Genl.  Expenses  account. 

Stationery, 

Capitol  Building  Repairs, 

Fuel  and  generd  Contingent  Fund,. . . . 


Total  Expenditures, 


633  32 


125  00 


$  1  00 

1,819  11 
51,843  90 
3,329  75 
6,665  62 
1,215  53 
10,609  79 
1,012  85 
3,740  25 
18  00 
1,374  00 
3,684  00 
14,501  95 
37,756  49 
11,863  53 
23,100  30 
4,850  00 
10,596  25 
1,968  76 
600  00 
100  00 
1,758  06 


38  75 
15  26 
23  75 
75  15 


6th— WARRANTS— (Rbvbnxjb.) 


690,410  09 

13,881  91 

6,}76  14 

492  59 


610,760  78 


152  91 


610,607  82 


Amount  of  Warrants  outstanding  Nov.  4, 1861, . .  $103,645.07 
Amount  issued  during  the  two  years, 590,410.09 


Total, 694,066.16 


AUDITOR'S  REPORT.  15 

Deduct  amount  redeemed  during  the  two  years, . .  675,669.64 
Leaves  now  outstanding, $18,395.52 

6th— WAR  AND  DEFENSE  WARRANTS. 

Amount  of  Warrants  outstanding  Nov.  4, 1861,.  .$  97,748.31 
Amount  of  "Warrants  issued  during  the  two  years,  639,163.85 

Total, $736,912.16 

Am't  redeemed  by  State  Treasurer,  $689,657.10 

Am't  redeemed  by  Auditor  (re-issued)     8,537.19—  698,194.29 

Leaves  outstanding  Nov."  2,  1863,  $  38,717.87 

WAS  AND  DEFENSE  WABBANTS — (bS-ISSITED). 

1863.  Nov.  2.  Amount  issued  to  date, $8,737.42 

Amount  redeemed  by  State  Treasurer,.  8,482.13 

Leaves  outstanding  Nov.  2, 1863, $  255.29 

7th— STATE  INDEBTEDNESS. 

The  State  has  borrowed  of  the  Permanent  School  Fund  the  fol- 
lowing sums,  to-wit: 

On  bonds  payable  May  1, 1854,  (Chap.  58  Acts  1849) . .  $16,442.05 

«      «  "        Sept.  15, '69,  (Chap.  70  Acts  1849)..     6,000.00 

«      "  "        Jan.  1, 1856,  (Chap.  61  Acts  1851) . .     2,353.70 

«      «  «        July  15, 1861,  (Res.  9,  Ex.  Sess.  '56)  40,000.00 

And  am't  borrowed  Jan.  1,  '57,  (Chap.  3,  Acts  '56-7) . .  57,500.00 

Total  amount  of  School  Fund  borrowed, $122,295.75 

Iowa  seven  per  cent,  bonds  payable  in  New  York  Jan. 
1,  1868,  issued  under  Chap.  7,  Acts  1858, 200,000.00 

Making $322,295.76 

To  which  add  am't  of  bonds  sold  under  Chap.  16,  Acts 
Extra  Session  1861,  for  War  and  Defense  Fund,. . .  .$300,000.00 

Making  total  bonded  debt, $622,295.75 

8th— RESOURCES  OF  THE  STATE. 

STATE  SEYEinJX. 

Balance  of  Bevenue  in  the  State  Treasury, $  40,754.10 


16  AUDFTOfi'S  BBPORT. 

Balance  in  banks  in  course  of  payment, 12,294.4:5 

"        of  State  Revenue  due  from  counties, 298,446.17 

"        of  Insane  Hosp'l  dues,  due  from  counties,  26,616.78 

Tax  of  1863  reckoned  on  the  valuation, 334,217.90 

Estimated  tax  of  1864  at  2  mills, 330,000.00 

"        Railroad  tax  for  1864  and  1865, 12,000,00 

Balance  due  from  War  and  Defense  Fund  for 
am't  applied  to  redemption  of  "War  and  Defense 

Warrants, 159,004.14 

Total  State  Revenue  resources, -. 1,218,333.54 

The  accounts  show  the  increase  greater  than  the  decrease  of  State 
Revenue,  as  the  following  statement  will  show,  and  hence  no  de- 
duction is  made  for  unavailable  Taxes. 

ADDniONS  TO  BEVENUE. 

Interest  on  Delinquent  Taxes, $41,779.97 

Additional  Assessments, 10,988.83 

Amt.  rec'd  for  Peddlers'  Licenses, 779-79 

Amt.  from  Sale  of  Laws, 4,215,10—  57,763.69 

DEOBBASE   OF  BEVENUE. 

Interest  paid  on  Auditors'  Warrants,. .  ..$13,881.91 
Taxes  certified  as  double  and  erroneous, 

and  unavailable, 38,124.64—  62,006.55 

Balance  in  favor  of  Revenue, $5,757.14 

WAB  AND  DEFENSE  FUND  BESOUBCES. 

Balance  of  Federal  Tax  due  from  Counties, $  68,066.38 

"        in  Banks  in  course  of  payment, 2,310.87 

Estimated  balance  due  from  U.  S.  Government  for 
War  Expenses  paid  by  the  State,  (see  note  below)    300,000.00 

$370,366.75 

Deduct  amt.  due  State  Revenue  as  above, 159,004.14 

Leaves  estimated  War  and  Defense  Fund  Resources  $211,362.61 
Note. — The  total  jamount  of  Warrants  issued  on  ac- 
count of  War  and  Defense  Fund  up  to  the  2d  of 

November,  1863,  is, $872,729,28 

Deduct  amt.  due  U.  S.  Government  as 
Federal  Tax  levied  in  1861, $462,080.00 

And  amt.  rec'd  from  U.  S.  Government,  100,000.00 — ^552,080.00 
Leaves  balance, $320,649.28 


AUDITOR'S  RBPOBT. 


17 


A  portion  of  these  expenditures  are  doubtless  of  such  a  charac- 
ter that  the  Government  will  not  refund  the  whole  amount.     This 
Department  has  no  means  of  knowing  what  per  centage  will  be  of 
such  character,  and  hence  the  estimate  above  may  be  considered  of 
doubtful  character. 

9th— ESTIMATED  EXPENDITURES. 

For  the  two  fiscal  years  comimencing  Nov.  2,  1863,  and  ending 
the  first  Monday  in  November,  1865,  exclusive  of  extraordinary 
appropriations  for  special  purposes.  Also,  amounts  of  appropria- 
tions undrawn,  and  estimated  appropriations  required  to  pay  sala- 
ries and  expenses  until  January  1st,  1866: 


ACCOUNTS 


Estimated 
Bzpeuditares. 


Aiu^t  appro* 
printed  and 
nndrawm. 


Am*t  of  ap 

proprlation 

reqalied  t« 

pav  to  Jan.  1. 


Adjutant  General's  salary, 

Ass't  Adjutant  General's  salary,  . . 

Attorney  General's  salary, 

Auditor  of  State's  salary, 

District  Attorneys'  salaries, 

District  Judges'  salaries 

Governor's  salair, 

Janitor  and  Night  Watch, 

Register  of  State  L.  O.,  salary, .  . . 

Secretary  of  State's  salary, 

Sec'y  of  Board  of  Education,  salary 

Treasurer  of  State's  salary, 

Surgeon  General's  salary, 

Supreme  Judges'  salaries, 

Penitentiary  Clerk's  salary, 

Penitentiary  Chaplain's  salary, .  . . 
Penitentiary  Physician's  salary,  . . 

Penitentiary  Warden's  salary, 

Penitentiary  Dep.  Warden's  salary 
Adujutant  Gen.'s  Conting't  Fund, 
Att'y  General's  fees  and  mileage,  . 

Aumtor's  Contingent  Fund, 

Governor's  Contingent  Fund, 

Reeister  State  L.  O.  Con'g't  Fund, 
Sec'y  of  State  Contingent  Fund, . . 
Sec'y  B'd  Education  Con'g't  Fund, 
Treasury  of  State  Cont'g't  Fund,. . 
Supreme  Court  Contingent  Fund, . 

General  Contingent  Fund, 

State  Sup't  Weights  and  Measures, 
3 


$  3,000.00 
2,000.00 
2,000.00 
2,600.00 

13,200.00 

28,600.00 
4,000.00 
1,825.00 
2,600.00 
2,600.00 
2,600.00 
2,600.00 
2,000.00 

11,600.00 

1,500.00 

600.00 

730.00 

2,000.00 

1,500.00 

3,000.00 

800.00 

2,640.00 

2,000.00 

1,400.00 

2,400.00 

1,400.00 

1,400.00 

3,000.001 

10,000.00 
400.00 


$  946.50 

402.25 

167.00 

420.00 

4,694.51 

6,660.99 

1,500.00 

122.00 

417.00 

411.00 

427.00 

418.00 

660.00 

1,460.45 

187.50 

75.00 


250.00 
187.50 

1,369.07 
226.50 
458.74 
600.00 
437.63 
183.30 
120.00 
106.67 
359.05 

1,909.69 
350.00 


$2,441 56 
1,839.00 
2,000.00 
2,382.60 

10,679,00 

25,300.00 
4,000.00 
1,825.00 
2,385.60 
2,390.60 
2,400.00 
2,385.60 
1,675.00 

11,600.00 

1,500.00 

600.00 


2,000.00 
1,500.00 
2,000.00 
800.00 
2,640.00 
2,000.00 
1,200.00 
2,400.00 
1,400.00 
1,410.00 
3,000.00 
10,000.00 


18 


AUDITOR'S  REPORT. 


ESTIMATED  EXPENDITURES— CoHTiNTnno. 


ACCOUNTS 


Estimated 
Ezpendltoret. 


Am^t  appro 
priated  and 
andrawn. 


AmH  of  ap- 

propriation 

reqatred  to 

pay  to  Jan.  li 


(4 


u 


Extraordinary  Expenses  Ex.  Dep't| 
Quarter  Master  General's  Expenses 

Blind  Asylum  (support,) 

Deaf  &  Dumb  Institution, 

Hospital  for  Insane  (deficiencv) . . . 

(County  Dues). 

(Trustees  Exps) 

Interest  on  Bonds,  issue  of  1868 . . 

School  Fund  Loans, . . 
War  &  Defense  Bond, 
Peuitentiary  Contingent  Fund, . . . 

"        "    General  support,  .... 

"        "    Guard  pay, 

Secretary  of  Agl.  Col.  &  Farm,  sal'ry 
"        "        «        "  Oontfiind 

Agricultural  Societies, 

Army  vote,  (mileage) 

Allotment  Commissionera, 

Des  Moines  River  Lands, 

Governor's  Aids, 

10th  General  Assembly, 

Publishing  Laws  in  ^Newspapers, . . 

Reports  ot  Iowa, 

State  Bank  Expenses, 

Swamp  Lands, 

Stationery, 

Special  Appropriations, 

State  Binaing, 

"     Printing, 

Teachers'  Institutes, 

Milei^e  Agriculturd  College  Board 
Safe  for  State  Treasurer's  Office, . . 

Mileage  to  County  Treasurers, 

Redempt'n  of  Outstanding  War'nts 


Total, 


7,245.00 

9,216.37 

11,469.12 

901.00 
4,620.62 
2,253.41 

395.66 
1,212.21 


15.000.001  2,592.12 

2,500.00 
16,000.00 
16,000.00 
20,000.00 
30,000.00 

1,000.00 
28,280.00 
24,459.15 
42,420.00 

1,000.00 
15,000.00 
11,000.00 

2,000.00 

1,500.00 
12,000.00 
20,000.00 

1,000.00 

1,000.00 

2,000.00 
70,000.00 

1,000.00 

4,000.00 

1,400.00 

3,500.00 
15,000.00 
10,000.00 
11,000.00 
16,000.00 

5,000.00 

1,800.00 

1,400.00 

5,500.00 
18,395.00 


28,106.00 
24,459.15 

41,555.88 


542,149.67 


IOth— WAR  AND  DEFENSE  FUND. 


The  receipts  on  account  of  this  Fund  from  the  time  of  the  enact- 
ment of  the  law  creating  the  Fund  to  November  1st,  1863,  have 
been  as  follows : 


AUDITOR'S  REPORT.  19 

From  Sale  of  State  Bonds, *. . . .  $277,320.00 

"    collection  of  Federal  Tax, 802,282.03 

"    U.  S.  War  Expenses  refunded, 100,000.90 

"    all  other  sources, 9,018.12 

Total  receipts, $688,620.16 

Excess  of  Warrants  issued  over  amount  of 
Receipts, $184,109.13 

$872,729.28 
Warrants  have  been  issued  and  charged  to  this  Fund  as  follows : 

Amt.  issued  prior  to  Nov.  4th,  1861, $233,565.43 

"       "    from  Nov.  4,  '61  to  Nov.  1,  '63,  639,163.85 

Total  Warrants  issued, $872,729.28 

llTH— DISBURSEMENT  OF  THE  AUDITOR'S  CONTINGENT  FUND. 

There  has  been  paid  out  of  this  Fund  for  services  rendered  as 
follows : 

To  Daniel  EUyson,  Deputy  Auditor, $  1,474.93 

"  C.  V.  Gardener,  Clerk, 102.00 

«  S.  B.  Hewett,  Jr.,  Clerk, 170.00 

"  S.  A.  Ayres,  Clerk, 765.00 

Total, .$    2,511.93 

12th— PENITENTIARY  IMPROVEMENTS. 

Appropriation  for  Blacksmith  Shop, $    2,500.00 

"  «  Cistern, 250.00 

«  «   Clerks'  Vault, 250.00 

«  "  Locks  for  Cells, 190.00 

«  «  Ash  House, 75.00 

There  has  been  drawn  for  Blacksmith  Shop,  $  2,500.00 

«      «        "        "      «  Cistern, 125.00 

«      «        «        "      "  Ash  House, 11.50 

Leaving  balance  undrawn, 628.50 

$3,266.00—$  3,265.00 


20  AUDITOR'S  REPORT. 

13th— HOSPITAL  FOR  THE  INSANE. 

HOSPITAL  FOB   INSANE,  (OOUNTY  DUES.) 

The  Superintendent  of  the  Hospital  has  certified  to 
this  oflSce  Quarterly,  the  amount  due  from  each 
County  on  account  of  Board  and  Clothing  (under 
Sec.  14r87,  Revision  of  I860,)  which  amounts  (du- 
ring the  two  years,)  in  the  aggregate  to $  39,437.22 

Add  for  balance  due  Hospital  Nov.  4,  1861, ,  644,88 

Total, $  40,082.10 

Under  the  above  Section,  Auditors'  Warrants  have 
been  issued  to  the  Steward  of  the  Hospital  (during 
the  two  years,)  amounting  in  the  aggregate  to $  37,144.88 

Leaving  balance  undrawn  and  due  Hospital, 2,937.22 

HOSPITAL   FOB   INSANE    (DEFICIENCY.) 

Under  Sec.  1476,  Revision  of  1860,  Auditors'  War- 
rants have  been  issued  to  the  Steward  of  the  Hos- 
pital (during  the  two  years,)  for  deficiencies,  amt'ng 
in  the  aggregate  to $  13,504.15 

14th— INSTITUTION  FOR  THE  BLIND— (BuiLDiNa  at  Vinton.) 

Chap.  45,  Sec.  1,  Acts  of  1862,  appropri- 
ates for  completing  the  Blind  Asylum  at 
Vinton, $  10,000.00 

Auditors'  Warrants  have  been  issued  under 
said  Act  during  the  two  years,  amount- 
ing in  the  aggregate  to $10,000.00 

Under  Chap.  125,  Sec.  7,  Acts  of  1858,  Au- 
ditors' Warrants  have  also  been  issued 
to  the  Board  of  Commissioners  for  their 
services,  (during  the  two  years,)  amount- 
ing in  the  aggregate  to $     596.25 

Total  Warrants  issued  for  Building  and 
pay  of  Com's., $10,596.26 

15th— 8TA.TE  BANK— BRANCH  BALANCES. 

Statement  showing  the  balances  in  the  several  Branches  of  tlie 
State  Bank  in  course  of  payment,  Nov.  2d,  1863 : 


AUDITOR'S  REPORT. 


21 


Branch  at  Muscatine, $  1,567.21 

"      «  lowaCity, 1,612.00 

"      «  McGregor, 6,880.85 

"      "  Dubuque, 4,544.76 

Total, , $14,604.82 

lerH— STATEMENT  A. 

Showing  the  balances  on  the  Books  of  this  Office,  due  from  the 
several  Counties  on  account  of  State  and  Federal  Revenue  and  In- 
sane Hospital  dues  on  the  2nd  day  of  November,  1863. 


COUNTIES. 


IniiaDe  Hospital.  BeTonne. 


Federal. 


Adair, 

Adams, 

AllamaJcee,  . . 
Appanoose, . . 
Audubon,  . . . 

Benton, 

Black  Hawk, 

Boone, 

Bremer, 

Butler, 

Buchanan, . . . 
Buena  Vista,. 
Calhoun, . . . . 

Carroll, 

Cass, 

Cedar, \ 

Cerro  Gordo* 
Cherokee, . . . 
Chickasaw, . . 

Clarke, 

Clay, 

Clayton,  . . . . 

Clinton, 

Crawford,  . . . 

Dallas, 

Davis, 

Decatur, 

Delaware, . . . 
Des  Moines,. 
Dickinson,*  . 


$ 


1,057  46 
652  65 


621  28 
31  00 

164  30 
66  47 

115  43 
23  22 


145  65 


$ 


71  80 


589  96 
564  05 


84  75 

1,581  49 

106  35 

280  95 

497  22 


2,111 

2,386 

6,313 

2,157 

1,979 

2,479 

1,630 

4,368 

3,478 

2,655 

2,631 

615 

1,301 

1,403 

2,633 

3,217 

1,590 

414 

686 

2,360 

661 

4,169 

7,437 

703 

916 

716 

6,282 

1,054 

10,627 


50 
94 
29 
95 
82 
14 
73 
03 
08 
54 
78 
40 
52 
69 
14 
17 
78 
63 
84 
72 
78 
57 
28 
02 
05 
93 
12 
68 
87 


$  613  73 
•615  64 
768  71 
562  44 
440  44 
757  44 
574  32 
1,286  91 
316  94 
802  83 
839  44 
62  15 
545  94 
526  63 
694  59 
648  42 
421  78 
•  162  43 
152  24 
542  29 
188  46 
968  71 

2i6'44 

381  64 

413  82 

1,093  92 

492  70 

2,260  77 

21  14 


^Orerpaid. 


AUDrTOirS  BEPOHT. 
BTATEMBNT  A— Comtikiibd. 


Dnbnqne,  . 
Emmett,  . , 
Fayette,, . . 
Floyd,  .... 
Franklin, . . 
Fremont, . . 
Greene, . . . 
Grundy, .. . 
Guthrie,.. . 
Hamilton, . 
Hancock, . . 
Hardin, . . . 
Harrison, . . 

Henry 

Howard,  . . 
Humboldt, 

Ida, 

Iowa, 

Jackson,  . . 

Jaeper, 

JefterBon,* 


311  56 
lis 


70  n 

1,036  84 


134  45 

361  20 

48  04 

2,053  83 

1,243  87 

109  16 

861  13 


861  07 
207  32 


72  72 
153  59 


228  49 
135  20 


28,464  43  $ 
6  36. 
1,329  41 
2,507  63 
1,894  15 
3,050  16 

492  89  . 

912  07 
1,923  20 
1,594  09 
1,303  99 

907  86 
2,671  33 
4,516  69 
1,296  98 

659  89 

442  89 
1,634  62 
2,015  76 
9,474  62 

4,670  08 

2,636  51 

1  86 

652  66 
26,728  67 
3,719  06 
6,694  83 
6,834  84 
2,776  31 
2,687  22 
4,080  46 

587  51 
2,821  42 
2,246  86 
2,376  86 
2,031  10 
2,181  46 
6,191  TO 

702  52 

2,913  74 

98  98 


AUDITOR'S  REPORT. 


2S 


STATEMENT  A— Contirtibd. 


oonNTixs. 


laeane  HotplUl. 


Bevenae. 


Fedenl. 


Plymouth, .... 
Pocahontas, . . . 

Polk, 

Pottawattamie, 
Powesheik, . . . 

Ringgold, 

Sac, 

Scott, 

Shelby, 

Sioux, 

Story, 

Tama, 

Taylor, 

Union, 

Van  Buren,. . . 

Wapello, 

"Warren 

Washington, . . 

Wayne, 

Webster, 

Winnesheik, . . 

Woodbury, 

Winnebt^,  . . 

Worth, 

Wright, 


Totals, 

Deduct  for  amount  over- 
paid by  Dickinson  Co., 

(Revenue,) $133  95 

Jefferson  co.  (Rev.)'492  76 
Linn  co.,  (Insane  Hosp.) . . 


Total  amount  due  from 

Counties, $26,616  78 


$ 


1,883  95 
84  31 


$ 


2,401  11 


141  90 
131  62 


73  24 
607  29 
895  97 
197  56 
605  73 
452  07 
71  26 
73  00 


$26,637  39 


20  61 


222 
666 
11,919 
6,060 
8,112 
1,778 
632 
435 
1,220 
,  958 
fe,137 
2,492 
3,148 
3,038 
1,584 
2,021 
8,698 
8,922 
3,354 
3,022 
3,323 
2,966 
2,688 
1,217 
1,554 


06 
54 
32 
98 
00 
77 
30 
89 
57 
11 
32 
28 
15 
65 
66 
29 
02 
91 
53 
32 
88 
92 
75 
26 
69 


$299,072  88 


626  71 


$298,446  17 


$   109  69 

198  86 
1,703  03 
1,490  90 

729  36 
616  14 

199  17 
1,236  25 

291  28 
246  40 
618  02 
898  36 
800  49 
630  63 
929  64 
825  58 
951  41 
772  61 
1,618  71 
984  68 
669  87 
601  57 
515  41 
418  21 
424  30 


$68,056  88 


$68,056  88 


BBOAPPTULATION. 


Insane  Hospital  dues— due  from  Counties, $26,616  78 

State  Revenue — due  from  Counties, 298,446  17 

Federal  Revenue — due  from  Counties, 68,056  88 

Total  amount  due  from  Counties  on  all  funds, $393,119  38 


24 


AUDITOR'S  REPORT. 


U 


In  some  cases  we  have  not  received  such  reports  as  to  be  able 
therefrom  correctly  to  balance  the  Ex-Treasurers'  accounts.  The 
following  statement  shows  the  amount  of  such  balances  against  Ex- 
Treasurers,  all  of  which  are  included  in  the  general  balances  against 
the  several  counties.  In  several  of  these  cases,  the  balance  will  be 
mostly  accounted  for  by  delinquent  taxes,  which  passed  into  the 
hands  of  the  successors: 

Allamakee  County, . . .  Topliff,    Ex-Treasurer, $  3,884.09 

Benton " Filkins,... 

Black  Hawk." Bunnell, . 

Bremer " Hamilton, 

Bremer " ..Norris,  . . 

Clinton " Lockwood 

Dubuque " Mahony,. 

Fayette " Conkey,  . 

Floyd " Smith,... 

Franklin...." Miller,... 

Fremont " Biggs? . .  . 

Hancock " Church,.  . 

Jasper " Hammer, 

Johnson " Hughes, . . 

Lucas " Wade, 

Madison " Bishop, . . 

Mahaska.  ..." Shoemaker 

Mitchell  ...." Smith,... 

Monona " Burton, . . 

Page " Conner, .  , 

Polk " Dyer,.... 

Shelby « Wyland, . 

Washington  . " Cox, 


1,988.79 

t .  6,682.84 

162.77 

(intuit)...  2,076.01 

4,969.86 

...."....  (suit  ordVd  11,627.86 

....« 176.00 

...." 919.13 

...." 338.34 

...." '..  1,104.56 

. ..." 2,680.33 

...."....  (suit  ord'r'd  6,634.98 

...." 887.16 

...."....  (suit  ord'r'd  3,846.31 

...." 61.29 

.  ..." 489.86 

...." 1,336.53 

...." 969.07 

. ..." 696.33 

...."....(in  suit).  ..  4,281.28 

...." 37.45 

190.95 


(( 


Total, $56,829.27 


^1 

II 

Si 


AUDITOR'S  REPORT.  35 

(N  (N'ti  06-*  Oi-koOoSoO  (4 -♦1  00  «4*ri  si  *Jt- 
oO'3s»ftt-o»t-iSii-iiO'*'«e%tot-oeooosfl50 
iflt-o»oioii-c*t-waooin»Aeo«iOt-!NQ 
inco»oiO'»'»'-iotetaooi-irsi«(t-i-('*S 
in  10  tH  -If  CO  oj  01  ia_in_i-i  ■^«  os  05  q>  eo  o»  w  eo 


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if 
III 

73,447 

372,468 

481,560 

24,856 

334,777 

399,972 

166,497 

246,972 

283,505 

Not  reported 

128,294 

8,771 

6,269 

85,989 

677,266 

41,429 

556 

131.055 

301,719 

30,517 
248,188 

93,858 

6,394 

128,007 

400,639 

67,363 

78,706 
295,666 

60,948 
1,788 
4,469 

28,240 
162,929 

25,298 
1,084 

62,694 

62,606 

673,947 

1,648,313 

1,156,863 

218,641 

2,192,185 

1,695,386 

1,248,260 

933,914 

1,672,629 

84,241 

1,046,022 

632,113 

447,102 

842,634 

2,231,325 

768,437 

107,268 

937,362 

816,112 

2  33 
4  15 

3  64 

2  02 

4  88 
4  88 

3  44 
3  51 

.  4  71 
2  00 
2  92 
2  16 

1  99 

2  45 
6  20 
2  15 
2  02 

2  97 

3  03 

366,601 
a»7,908 
218,280 
344,142 
360,360 
367,470 
53,069 
315,553 
269,107 

ill 
Ill 


S  3  S-3  o^  5  S  S 


26 


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AUDITOR'S  REPORT.  29 

18th— REMARKS. 

Besides  the  amount  credited  to  the  account  of  "Extraordinary 
Expenses  of  the  Executive  Department,"  of  which  there  is 
$2,592,12  unexpended,  there  is  appropriated  by  Chapter  14,  Sec- 
tion 1  of  Acts  of  Extra  Session  of  1862,  the  further  sum  of 
$20,000  under  the  control  of  the  State  Census  Board  which  has 
not  been  credited  to  said  account. 

The  several  laws  directing  the  Auditor  of  State  to  issue  Warrants 
on  the  War  and  defense  Fund  upon  claims  allowed  by  the  Audit- 
ing Commissioners,  and  the  estimates  of  the  Paymaster  General, 
&c.,  have  been  treated  as  appropriations  and  Warrants  issued 
accordingly.  It  will  be  seen  by  the  statement  of  War  and  Defense 
Fund  that  the  Warrants  issued  thereon  exceed  the  amount  of  fiind 
received  by  the  sum  of  $184,109,13.  It  will  be  necessary  to  make 
some  provision  for  the  payment  of  these  Warrants  and  those  yet 
to  be  issued.  The  balance  of  Federal  Tax  will  pay  but  a  small 
part  of  them,  and  it  is  uncertain  when  any  further  sums  will  be 
received  from  the  Government  at  Washington. 

The  State  Treasurer  having  an  excess  of  State  Revenue  on  hand 
over  what  was  required  to  pay  the  ordinary  Auditor's  Warrants, 
it  was  thought  advisable  to  apply  it  to  the  redemption  ol  War  and 
Defense  Warrants  which  was  done  to  the  amount  of  $159,004,14, 
including  War  and  Defense  Warrants  received  by  County  Treas- 
urers and  paid  into  the  State  Treasury  on  account  of  State  Reve- 
nue. By  so  doing  the  interest  was  stopped  on  the  Warrants  so 
redeemed,  and  the  State  Treasurer  yet  had  funds  sufficient  to  redeem 
all  Warrants  drawn  on  State  Revenue.  The  $18,895,52  Revenue 
Warrants  now  outstanding  have  all  been  advertised  for  redemp- 
tion, and  the  interest  stopped  thereon ;  except  the  last  class  due 
Brown  &  Allender,  Sept.  22,  1864,  which  are  drawing  6  por  cent, 
interest  under  the  provision  of  the  law,  and  amount  to  $7,535,66. 

The  Permanent  School  Fund  now  idle  in  the  counties,  of  which 
there  is  over  $100,000,  might  be  applied  to  the  redemption  of 
War  and  Defense  Warrants  now  out  and  to  be  issued,  the  State 
executing  her  bonds  to  the  fund  for  the  amount  so  appropriated. 
The  amount  so  idle,  will,  in  all  probability,  increase  from  time  to 
time,  and  it  would  certainly  be  better  for  the  State  to  use  her  own 
funds  than  to  dispose  of  an  additional  amount  of  her  bonds  to 
raise  money  to  meet  these  war  expenses,  the  amount  of  which  we 
have  no  means  of  estimating. 


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SCHOOL   FUND. 

20ra— RECEIPTS  AND  DISBUE8EMENTB  OP  SCHOOL  FUND. 

t 

STATE  TBEA8UBEB — (PERMANENT  FUND,)   BE0EIPT8. 
1862. 

Aug.  22,  To  am't.  rec'd  of  F.  M.  HoBselton  on  note, .  $     250.00 
1868.      . 

Feb.  19,  To  am't.  rec'd  of  J.  E.  Neal  on  note, 1,970.00 

"     20,    "      "        "      "  W.  A.  Thurston  on  note, .  1,000.00 

April  8,    "      "        "      "  J.  E.  Neal  on  note, 3,030.00 

July  29,    "      "        "      "  F.  M.  Hosselton  on  note, .  250.00 

Total  Rec5eipt8,.* .* $  6,500.00 

niSBUBSEMSNTS. 

1863. 

April  8,  By  am't.  apportioned  to  Jackson 
County, $446.42 

April  11,  By  am't.  apportioned  to  "Wap- 
ello County, 446.42 

April  13,  By  am't.  apportioned  to  Musca- 
tine County, : 446.42 

April  14,  By  am't.  apportioned  to  Henry 

County, 446.42 

April  14,  By  am't.  apportioned  to  Dela- 
ware County, 446.42 

April  14,  By  am't.  apportioned  to  Wash- 
ington County, 446.43 

April  14,  By  am't.  apportioned  to  Scott 
County, 446.42 

April  20,  By  am't.-  apportioned  to  Warren 

County, ; , 446.43 

April  27,  By  am't.  apportioned  to  Van  Bu- 
ren  County, 446.42 

April  28,  By  am't.  apportioned  to  Monroe 

County, 446.42 

May   29,  By  am't.  apportioned  to  Louisa 

County, 446.42 

June  1,  By  amount  apportioned  to  Bu- 
chanan County, 446.42—    5,357.06 

Leaving  balance  now  on  hand, ....    $  1,142.94 


AUDITOR'S  REPORT.  ^8 

STATE  TEEASITBBE — (tEMPOBABY  SOHOOL  FUKD,)— BB0BIPT8. 
1861. 

Nov.    4,  To  balance  on  hand  at  this  date, $     104.79 

1862. 

Jan.    13,  To  am't.  rec'd  of  F.  M.  Hosselton,  (Int.  on 

note,) $^     60.00 

Feb.    28,  To  am't.  recM  of  W.  A.  Thurston,  (Int.  on 

note,) 100.00 

June  28,  To  am't.  rec'd  of  State,  (Int.  on  loans,) 11,920.21 

Aug.  22,  To  am't.  rec'd  of  F.  M.  Hosselton,  (Int.  on 

note,) 25.00 

1863. 

Feb.    19,  To  am't.  rec'd  of  J.  E.  Neal,  (Int.  on  note,)    $  1,030.00 

Jan.      6,  To  am't  rec'd  of  F.  M.  Hosselton,  (Int.  on 

note,) 15.00 

Feb.    20,  To  am't  rec'd  of  W.  A.  Thurston,  (Int.  on 

note,) 96.21 

March  9,  To  am't  rec'd  of  State,  (Int.  on  loans,) 12,976.71 

April    8,  To  am't.  rec'd  of  J.  E.  Neal,  (Int.  on  note,)  82.00 

July   29,  To  am't  rec'd  of  F.  M.  Hosselton,  (Int.  on 

note,) 16.43 

Oct    29,  To  am't  rec'd  of  State,  (Int  on  loans,) ....         2,374.95 

Total  Receipts, $  28,790.30 

DISBUBSEMENTS. 

1862. 

June  28,  By  am't.  included  in  the  appor- 
tionment of  March,  1862,  and  transferred 
to  Bevenue  to  reimburse  the  same  for 
Warrants  issued  under  Sections  1967 
and  1969,  of  Revision  of  1860 $12,175.00 

Sept.  22,  By  am't.  included  in  apportion- 
ment of  September,  1862,  as  above, ....  25.00 

1863. 

March  9,  By  am't.  included  in  apportion- 
ment of  March,  1863,  as  above, 14,116.92 

Oct.  29,  By  am't.  included  in  apportion- 
ment of  September,  1863,  as  above,. ...       2,473.38 

Total  Disbursements, .* $28,790.30 

5 


34 


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AUDITOR'S  RBPORT.  57 

«7th— SPECIAL  NOTES  IN  REGARD  TO  PERMANENT  SCHOOL  PUND 

IN  CERTAIN  COUNTIES. 

ADAIB  COUNTY. 

The  report  from  this  County  in  1861,  made  the  amount  of  Per- 
manent Fund, $6,071.96 

The  report  of  June,  1863,  makes  amount, $5,685.96 

And  amount  of  notes  canceled  by  release  of 

purchasers  from  their  contracts, 266.65 

Amount  of  notes  canceled  by  release  of  mort- 
gagors from  liability, 66.67 

$6,019.28 
Leaves  a  balance  unaccounted  for  of 62.67 — $6,071.96 

The  Clerk  reports  no  losses  sustained,  and  no  danger  of  losses 
at  present,  and  that  the  releases  on  contract  and  mortgage  notes 
were  given  by  the  County  Board  of  Supervisors  at  the  request  of 

the  parties,  the  lands  reverting  to  the  School  Fund. 

» 

ADAMS   OOTTNTY. 

This  report  does  not  show  how  this  increase  came,  being  merely 
a  statement  of  amounts  in  contract  and  mortgage  notes,  and  cash 
on  hand  June  1, 1863.  The  Clerk  reports  no  losses,  and  that  the 
fund  can  be  safely  loaned. 

APPANOOSE  COUNTY. 

This  report  runs  from  January  6th,  1863,  to  June  Ist,  1863,  and 
does  not  explain  the  $225.80  decrease  of  the  iund. 

BENTON    COUNTY. 

The  report  from  this  County  states  as  follows : 

The  whole  amount  of  School  Fund  was  ascertained  by  a  commit- 
mittee  of  investigation,  appointed  by  the  Board  of  Supervisors  for 
that  purpose,  to  have  been  as  follows: 

Proceeds  of  Land  Sales, $40,554.35 

Apportionment  of  5  per  Cent.  Fund, 2,598.70 

43,153.05 

The  present  amount  is  as  follows: 
8 


68  AUDITOR'S  REPORT. 

Mortgaged  notes  in  judgment, $3,937.00 

Contract  notes  in  judgment, 773.10 

Contract  notes  in  hands  of  Att'y  for  collecti'n  1,631.52 

Mortgage    "           "            "            "  5,746.95 

"          «    on  hand, 22,468.62 

Contract     "      "    "    5,324.55 

Cash                   "    «    581.33 

Total  available, 40,453.07 

Deficit  chargeable  to  J.  Eoyal,  S.  F.  Com.,  75.00 

"           "         "  E.  H.  Keys,  "      "  25.70 

"            "         «  J.D.Simson,"      "  861.84 

"            "         "  J.  S.  Hunt,  "      "  275.64 

Loss  on  notes  insufficiently  secured,  taken  by 

J.  S.  Hunt,  S.  F.  Commissioner, 248.00 

Am't  liquidated  by  sales  to  County,  (notes) .  1,177.50 

Balance  unaccounted  for, 36.30—  2,699.98 

Total  available  and  unavailable, $  43,153.05 

JAS.  CHAPIN, 

Vinton,  Sept.  22, 1863.  Clerk  Board  Sup." 

Of  the  $248  lost  to  the  fund,  $225  was  a  part  of  a  $500  note 
taken  by  Hunt,  and  a  mortgage  taken  on  160  acres  of  land  in  Sac 
County,  and  as  the  personal  sureties  were  worthless,  the  Board  of 
Supervisors  compromised  the  matter  by  taking  a  new  note  for  $275, 
with  mortgage  on  land  in  Benton  county,  and  gave  up  the  $500 
note  and  $23  accrued  interest,  in  consequence  of  the  mortgaged 
premises  not  bringing  the  amount  of  principal  loaned. 

[The  report  of  the  Commisssioners  to  examine  the  transactions 
of  the  several  State  officers,  made  June  1, 1858,  states  the  amount 
of  5  per  cent,  fund  distributed  to  Benton  county  at  $2,648.70, 
while  this  report  makes  it  $2,598.70 — a  difference  of  $50.] 

BREMEB   COUNTY. 

The  Clerk  reports  that  "  the  loss  to  the  School  Fund  by  insuffi- 
cient security  will  reach  to  about  $1500,  which  is  now  known  to 
be  unavailable." 

CLINTON   COUNTT. 

This  report  shows  as  follows : 


AUDITOR'S  REPORT.  5^ 

STATEMENT   OF   PEKMAJTENT   SCHOOL   FUND. 

• 

Jan,  7,  1861,  Amount  received  on  sale  of  16th  section,   $18,726  31 

Am't  rec'd  on  sale  of  500,000  acre  grant,      26,529  66 

Am't  rec'd  from  State  5  per  cent.  Fund,        6,667  99 

Am't  rec'd  from  A.  E.  Bissell,  Ex-Com- 
missioner 5  per  cent.  Fmid, 31  00 

$50,954  96 
Deduct  Am't  paid  A.  R.  Bissell,  salary,  1859, 184  15 

$50,770  81 
June  1,  1863,  Contract  notes  on  hand,. . .  $6,731  44 

Mortgage  notes  on  hand. .    38,101  08 

Cash  on  hand, 2,538  18 

Am't  of  judgm'ts  on  fore- 
closure wherein  the  mort- 
gaged premises  were  bid 

in  for  the  State, 1,701  30 

*Unavailable  notes, 225  00 

Defalcation  of  Jas.  Allison, 

Ex-Treasurer, 858  20 

Defalcation  of  E.  Graham, 
Ex-Commissioner, 611  61 

Abated  by  County  Judge,.  4  00— $50,770  81 

*In  Jan.  ^61  Report,  this  item  was  $425.  We  have  since  secured  $200.  May 
secare  the  balance — but  doubtful.  Allison's  bail  is  worthless;  Graham^s  bail  has 
never  been  pushed,  and  the^  consider  themselves  exempt,  by  limitation.  If  neo- 
essaiy  I  will  forward  list  or  lands  purchased  on  account  of  School  Fund.  There 
will  be  a  slight  loss  on  these  purchases,  but  I  think  not  much. 

DALLAS    COUNTY. 

The  Clerk  reports  "The  Permanent  Fund  has  a  judgment  against 
W.  O.  Ferguson  for  $100,  considered  good.  Judgment  on  E.  Wil- 
liams $56,  considered  good,  and  judgment  against  W.  A.  West  for 
$140,  not  collectable." 

DBLAWASE   COUNTY 

This  report  makes  the  following  showing: 

Statement  of  School  Fund  notes  canceled  by  the  sale  of  the  mort- 
gaged premises  to  the  State  of  Iowa,  for  the  use  of  the  School 
Fund. 


60 


AUDITOR'S  REPORT. 


Date  of  Note. 

Amount 

— J . 

When  Canceled. 

Interest  dne. 
When  Canceled. 

20th  April,  1857, 
27th      "      1859, 
14th      "      1856, 
11th      "      1856, 
20th      "      1857, 

200  00 
500  00 
250  00 
600  00 
100  00 

16th  June,  1862, 

((               ((               u 

19th    «        « 
14th  Jan.,  1863. 
19th  Feb.,  1863. 

29  76 
74  41 
65  69 
278  94 
32  74 

$1650  00 

$481  54 

Statement  showing  changes  in  amount  of  Permanent  School  fund 
since  5th  January,  1861. 

Total  Fund  5th  January,  1861, $31,94:2  29 

Amount  arising  from  sale  of  16th  Section,  . .       2,888  00 
Amount  rec'd  from  State  on  6  per  cent  Fund, 

April  14th,  1863, 446  42 


$35,276  71 


158  50—     1,708  60 


Am't  of  notes  canceled  as  above,    $1550  00 

Am't  paid  Wellman  to  redeem 
certain  land  mortgaged  to  the 
fimd,  from  sale  on  execution, 

Leaving  present  fund  including  notes,  judg- 
ments and  cash  at  this  date.  May  18, 1863, .  $33,568  21 

DBS  MOINES  OOUNTT. 

This  report  states  that  notes  to  the  amount  of  $2026.42  principal 
have  been  prosecuted  to  judgment,  and  that  in  addition  thereto  a 
note  of  $300,  has  been  liquidated  by  purchase  of  the  land  mort- 
gaged, which  accounts  for  the  decrease  in  the  available  fimd. 

FAYETTE   COUNTY. 

Of  the  fund  in  this  County  the  report  shows  that  $306  were  can- 
celed on  forfeiture  of  contract,  and  $500  by  foreclosure  of  mortgage, 
the  land  in  each  case  reverting  to  the  School  Fund.  This  accounts 
for  the  $806  decrease. 


HAMILTON  COUNTY. 


The  Clerk  says :  "  There  has  been  a  loss  as  interest  on  two  Mort- 
gages to  the  School  Fund  which  have  been  foreclosed  and  the  lands 
sold,  the  sum  of  $981  24." 


AUDITORS  REPORT.  gl 

HASDIN   COUNTY. 

The  Clerk  in  his  report  says :  "  We  have  contract  notes  to  the 
amount  of  $860  not  included  in  report,  where  the  land  for  which 
the  notes  were  given  has  been  declared  forfeited  to  the  School 
Fund. 

HENBY   COUNTY. 

The  Clerk  reports :  "  Our  Board  caused  all  the  worst  cases  to  be 
sued,  the  most  of  which  are  now  in  judgment.  There  will  doubt- 
less be  some  loss  to  the  ftmd,  but  no  steps,  have  been  taken  to  as- 
certain the  amount.  I  am  unable  to  make  any  more  loans  at  10 
per  cent.  The  $5072  70  (cash)  now  on  hand  is  likely  to  be  largely 
increased."  The  cash  includes  $446  42  five  per  cent.  Fund  re- 
ceived of  State  April  13,  1863. 

HOWAED  COUNTY. 

This  report  shows  that  notes  were  canceled  and  the  lands  taken 
in  lieu  to  the  amount  of  $32  81.  The  balance  of  the  decrease 
(40  01)  is  not  accounted  for  in  the  report. 

JOHNSON   COUNTY. 

The  Clerk  reports  $264  06  due  from  J.  G.  Sperry,  former  Treas- 
urer, which  has  been  secured  by  real  estate,  but  does  not  state 
whether  it  is  included  in  his  report  or  not.  If  not  included  it  will 
account  for  that  much  of  the  decrease.  The  balance  of  the  decrease 
is  not  explained. 

LEE   COUNTY. 

In  this  report  the  Clerk  remarks :  "By  the  above  account  it  will 
be  seen  that  the  whole  amount  of  Lee  County  School  Fund  foots 
up  $50,793  95,  while  it  shows  that  on  Jan.  1,  1863,  it  had  been 
$51,068  01.  This  is  explained  as  follows:  The  Board  of  Super- 
visors in  order  to  save  some  of  the  lands  mortgaged  by  James  D. 
Eads  to  the  School  Fund,  (which  was  about  being  sold  under  a 
prior  lien,)  appropriated  the  amount  of  $2,972  16  and  paid  off  said 
prior  lien;  but  at  the  time  of  this  act  there  was  not  the  required 
amount  in  the  Treasury  of  Lee  county  belonging  to  the  School 
Fund,  and  T.  H.  Allyn,  Esq.,  County  Treasurer,  advanced  the  sum 


g2  AUDITOB'S  REPORT. 

required,  and  in  this  way  the  School  Fund  owed  to  said  Allyn  at 
the  commencement  of  this  account,  (Jan.  5,  1863,)  the  sum  of 

$274  06. 

MAHASKA    COUNTY. 

The  Clerk  reports  losses  as  follows : 

Feb.  14, 1863.     Loss  on  C.  Iletherington's  note, $164  58 

Apr.  28,  1863.     Loss  on  James  Stanfield's  note, 214  OO 

378  58 

The  amount  of  these  two  notes  is  included  in  above  report. 

MONBOE  COUNTY. 

The  Fund  in  this  County  may  be  stated  thus : 

Amount  of  fund  per  last  report,  (1868,) $14,975  68 

Add  5  per  cent,  fund  received  by  County,  April  1863,  446  42 

Should  be  present  fund, 15,422  10 

The  amount  of  fund  reported  June  1, 1863, 15,070  44 

Leaves  unaccounted  for, 351  66 

BINGGOLD   COUNTY. 

In  his  report  the  Clerk  remarks :  "  I  have  to  report  to  you  the 
loss  of  $240  to  the  fund,  owing  to  the  description  of  real  estate 
mortgaged,  and  securities  proving  worthless.  Our  Board  of  Super- 
visors have  bid  in  other  lands  but  it  is  likely  the  fimd  will  suffer 
no  loss  thereby."  No  further  explanation  is  given  of  the  $6,387  82 
decrease. 

BOOTT  COUNTY. 

This  report  show  notes  liquidated  by  sales  to  the  County  to  the 
amount  of  $2,914  00.     The  accounts  properly  statedjwould  be : 

Amount  per  report  of  1858-9, $40,504  00 

Add  5  per  cent,  fund  distributed  April  1863, 446  42 

Should  be  present  fund, 40,950  42 

Amount  now  reported, $32,300  01 

Add  sold  to  County, 2,914  00     35,214  01 

Leaves  unaccounted  for, 5,736  41 . 


AUDITOR'S  REPORT.  (53 

STOBY   COUNTY. 

The  Clerk  reports  a  loss  of  $50  principal  and  $20  interest  accu- 
mulated thereon,  but  thinks  there  will  be  no  further  loss. 

TAMA    COUNTY. 

The  amount  of  fund  in  1861,  as  reported, $39,797  13 

The  Clerk  reports : 

Contract  notes  surrendered, $3,780  00 

Amount  actually  lost  on  one  note, 87  50       3,867  50 

Which  would  leave 36,929  63 

But  the  amount  reported  on  hand  is 35,963  63 

Making  a  difference  of . .'.    -        34  00 

*  _ 

35,963  63 

VAN  BUBEN   COUNTY. 

The  amount  of  fund  in  this  County  in  1861,  was. . . .    $30,069  80 
Add  5  per  cent,  fund  distributed, 446  42 

Makes,.. 30,516  22 

Which  is  $9  29  less  than  now  reported. 

WASHINGTON  COUNTY- 

The  Clerk  reports: 

Amount  on  which  interest  is  paid  punctually, $27,075  80 

Amount  of  cash  on  hand, 2,713  90 

Amount  in  suits  of  foreclosure  pending  in  Court, 1,300  00 

Amount  in  judgments  on  which  no  executions  have 

been  issued, 1,309  25 

Amounts  in  judgments  on  which  executions  have  been 

issued, 2,697  00 

Total  fund, 36,095  96 

Deduct  amount  liquidated  by  sales  to  the 

State  for  the  benefit  of  the  fund, $2,697  00 

Less  amount  afterwards  sold  to  individu- 
als and  returned  to  the  available  fund,       1,282  50       1,414  50 

Leaves  present  available  fund, 33,681  45 


64  AUDITOR'S  REPORT. 

This  report  shows  a  loss  to  the  Permanent  Fund  upon  these 
sales  to  individuals  of  $117  60,  and  to  the  Interest  Fund  of 
$579  64 ;  besides  property  bid  in  by  the  Board  at  rates  less  than 
amount  due  in  Permanent  Fund  of  $267  60  and  of  interest 
$370  16. 

WEBSTEB   COUNTY. 

The  Clerk  remarks:  "The  above  is  a  correct  statement  of  the 
Permanent  Scnool  Fund  as  shown  on  the  first  day  of  June,  1863, 
not  including  the  notes  in  judgment  which  amount  to  over  $6,000. 
I  cannot  report  the  disposition  of  this  to  you  for  two  or  three  weeks, 
but  will  do  so  as  soon  as  possible." 

WBIGHT  COUNTT. 

Clerk  says :  "Of  the  mortgage  notes  on  hand  we  apprehend  the 
loss  of  some.  During  the  past  year  we  have  given  up  a  few  con- 
tract notes  and  received  the  land,  for  the  reason  that  the  parties 
were  non-resident  of  the  county  and  could  secure  nothing  other- 
wise. 

28th— STATEMENT  "K"— PERMANENT  SCHOOL  FUND. 

This  fund  is  composed  of  the  following  sums,  as  near  as  can  be 
determined  from  the  reports  received  and  the  books  in  this  office: 
to-wit: 

Amount  in  the  counties, $2,066,166.62 

Amount  loaned  to  the  State, 122,296.76 

Amount  of  loans  made  by  Sup't  J.  D.  Eads  unpaid,.      146,203.87 
Amount  loaned  Med.  Department  State  University, .        16,000.00 
Amount  due  from  J.  C.  Bishop,  Ex-School  Fund  Com- 
missioner of  Mitchell  County, 6,162.69 

Amount  due  from  W.  W.  Reed,  Ex-School  Fund  Com- 
missioner of  Shelby  County, 31.25 

Amount  due  from  M.  Glazebrook,  Ex-School  Fund 

Commissioner  of  Madison  County, 669.13 

Balance  in  State  Treasury, 1,142.94 

$2,366,661.25 
From  which  should  be  deducted  as  follows: 
Balance  due  J.  Toleman,  Ex-School  Fund  Com'r  of 
Webster  County,    as  appears  from  settlement 
,  sheet, $769.86 


AUDITOR'S  REPORT.  65 

Balance  due  S.  K.  Scovell,  Ex-School  Fund 

CommiBsioner  of  Dallas  County, .......  267.73—      1,037.68 

Leaves  funount  of  Permanent  Fund, • .  $2,355,533.67 

soth—remarks  relating  to  school  fund. 

The  statements  in  relation  to  Permanent  School  Fund  show  the 
condition  of  the  fund  as  near  as  it  can  be  arrived  at  from  the  re- 
ports received.  The  additions  to  the  fund  can  in  moift  cases  be  ac- 
counted for  by  sales  of  lands,  but  in  many  cases  the  reports  do  not 
show  how  they  accrued.  Many  of  these  reports  do  not  run  back 
to  the  time  of  former  reports  and  hence  there  is  an  intermediate 
time  in  which  the  increase  or  decrease  may  have  arisen.  The  ag- 
gregate decrease  is  shown  to  be  $68,083  89,  some  of  which  is  ac- 
counted for  by  the  forfeiture  of  contracts  and  the  foreclosure  of 
mortgages  thereupon,  and  the  land  becoming  the  property  of  the 
State  for  the  benefit  of  the  Fund,  but  much  the  larger  portion  of 
it  is  entirely  unexplained.  Several  of  the  reports  show  that  con- 
siderable amounts  have  been  lost,  as  interest  accrued  upon  notes. 

In  most  of  those  counties  which  report  a  large  cash  balance  as 
shown  by  statement  "  I,"  the  Clerks  report  that  there  are  no  ap- 
plicants for  the  Fund  at  ten  per  cent.,  and  the  cash  balance  is  likely 
to  be  continually  increased.  While  this  Fund  remains  in  the 
counties  there  should  be  some  person  authorized  to  make  a  thorough 
examination  of  its  condition  in  cases  when  it  appears  necessary. 
Such  person  should  be  furnished  with  all  the  data  possible  from  the 
records  of  the  State  OflSces  and  the  examination  should  be  made 
from  the  commencement  of  the  Fund  in  the  County,  through  each 
officer's  term  and  up  :o  the  present  time,  and  ftiU  record  made 
thereof,  and  the  book  accounts  started  upon  the  basis  so  found,  and 
in  proper  form.  The  reports  from  many  counties,  and  even  those 
approved  by  the  Board  of  Supervisors,  show  that  the  County  Offi- 
cers do  not  keep  the  proper  check  accounts,  and  cannot  accurately 
determine  the  amounts  of  notes  on  hand ;  and  from  this  fact  arise 
the  changes  in  the  amount  of  Fund  reported  at  different  times  in 
many  cases. 

Should  an  Agent  be  authorized  to  investigate  the  Fund  in  such 
counties  as  it  may  appear  necessary,  he  should  be  authorized  after 
consulting  the  Attorney  General  or  District  Attorney  and  laying 


66  AUDITOR'S  REPORT. 

the  facts  before  tliem,  to  commence  suit,  if  advisable,  for  any  delin- 
quencies he  may  find.  He  should  also  start  th«  accounts  in  proper 
form  and  give  instructions  as  to  the  manner  of  keeping  them.  He 
should  also  be  authorized  to  take  additional  surety  or  change  the 
securities-  when  the  interest  of  the  Fund  evidently  demand  it. 

Of  the  notes  in  this  OflSce  taken  by  J.  D.  Eads,  Superintendent 
of  Public  Instruction,  the  following  have  been  paid,  to-wit: 

Jairus  C.  Neal  $5,000,  W.  A.  Thurston  $1,000,  and  F.  M.  Hossel- 
ton  $500,  making  in  all  $6,500.  The  remainder,  $146,203  87  re- 
main unpaid,  of  which  as  reported  in  November  1861,  $41,418  87 
are  in  the  hands  of  J.  Tracy,  Esq.,  as  Receiver  appointed  by  the 
Court  in  the  case  of  the  St-ate  against  J.  D.  Eads  Superintendent, 
and  Sureties.  This  OfSce  has  no  information  as  to  what  success 
the  Receiver  has  had  in  collecting  said  notes. 

Statements  "  D  "  and  "F  "  show  that  the  amount  of  interest  de- 
linquent on  this  fimd  in  the  counties  is  increasing  from  year  to 
year.  There  should  be  a  more  stringent  law  in  regard  to  the  pay- 
ment of  interest  promptly  when  due. 

J.  W.  CATTELL,  Auditor  of  State. 


REI>ORT 


OF  THB 


TREASTJREE  OF  STATE. 


TO  THB 


60VEKNOK  OP  THE  STATE  OP  IOWA. 


OCTOBBR  81ST,  1868. 


DBS  MOINB8: 

F.  W.  PALMXB,  8TATB  PBDVTBB. 
1868. 


HW 


TREASUBER'S  REPORT. 


STATE  OP  IOWA,  TRBASURER'S  OPFIOB. ) 

i>iBB  McHKtti,  Nor.  6, 1868.     f 

lb  M»  BaxtXUney  Samuel  J.  Kirkmod^  Chwmor  qflawa: 

In  pureoance  of  the  requirementB  of  Section  89,  Chapter  8  of 
the  Be  vision  of  1860, 1  have  the  honor  to  lay  before  you  a  report 
of  the  receipts  and  disbursements  of  the  Treasury  for  the  two  fiscal 
years  ending  on  the  31st  day  of  October,  A.  D.  1863,  in  which  afe 
included  the  General  Eevenue  of  the  State,  the  War  and  Defense 
Fund,  the  Five  per  cent  Fund,  the  Temporary  School  Fund,  a 
statement  of  the  Taxes  collected  of  Railroad  Companies  in  this 
State  under  the  provisions  of  Sec.  16,  Chap.  173,  of  the  Laws  of 
the  Ninth  General  Assembly,  together  with  the  disbursements  of 
the  same.    Also  a  statement  of  the  disbursements  of  the  Treasur- 
er's Contingent  Fund.    It  will  be  observed  that  the  General  Rev- 
enue of  the  State  has  been  used,  to  a  large  amount,  in  the  redemp- 
tion of  Warrants  drawn  upon  the  War  and  Deiense  Fund.    By 
the  provisions  of  Chapter  21  of  the  Laws  of  the  Ninth  General 
Assembly,  County  Treasurers  are  required  to  receive  "Warrants 
drawn  upon,  the  War  and  Defense  Fund  in  payment  of  State  and 
Federal  Taxes."    Under  the  operations  of  this  law  a  large  amount 
of  these  Warrants  have  been  received  in  payment  of  State  Taxes. 

Shortly  after  coming  into  possession  of  this  ofSce,  I  found  that 
the  Gteneral  Revenue  of  the  State  would  be  fieur  more  than  sufficient 
to  meet  all  demands  upon  that  fund,  and  that  there  was  a  large 
amount  of  outstanding  Warrants  drawn  upon  the  War  and  De- 
fense Fund,  (nearly  all  of  which  were  drawing  interest  at  the  rate 
of  eight  per  cent  per  aannm,)  with  but  a  small  amount  of  such 
Fund  due  from  the  several  counties  to  the  State. 

After  consultation  with  your  Excellency  and  other  State  officers, 


4  '  STATE  TRBA8UfiER*S  BBPORT. 

I  determined  to  use  the  funds  belonging  to  the  State  in  the  re- 
demption of  Warrants  drawn  upon  the  said  Fund ;  in  consequence 
of  which,  and  of  the  operations  of  the  -law  above  referred  to,  the 
War  and  iDefense  Fund  has  been  overdrawn  to  the  amount  shown 
in  this  report. 

All  matured  outstanding  Warrants  drawn  upon  the  General 
Itevenue  having  been  advertised  according  to  the  provisions  of 
Chap.  8,  Sec.  87  of  Revision,  have  ceased  to  draw  interest. 

From  the  statements  of  the  parties  interested,  I  am  satisfied  that 
further  time  should  be  given  to  the  oflScers  of  Eailroad  Companies 
in  which  to  make  their  report  of  the  gross  earnings  of  the  several 
Roads.  Thus  far  they  have  failed  to  comply  with  the  law  in  this 
respect. 

Respectfiilly  submitted, 

WM.  H.  HOLMES, 

State  Treasurer. 


8TATB  TREASURER'S  REPORT. 


JNO.  W.  JONES  in  accotint  with  the  State  of  Iowa,  from  Novem- 
ber 4th,  1861,  to  January  3d,  1863,  indnflive. 


GENERAL  REVENUE. 


1861. 
Nov.  4, 

1862. 
Mar.   1, 


it 


a 


Mar.   1, 

it        a 

Mar.   3, 
May  31, 


May  81, 


ii 


Jane  2, 
Aug  30, 


Aug  80, 


a      a 


Sept.  2, 
Nov.  1, 


Nov.  1, 


To  Balance  in  Treasury, 


((      a 


"  Amount  rec'd  during  quar- 
ter ending  this  day, ......... 

Ob.  ■ 

By  Auditor's  warrants  redeemed 
"  Interest  allowed  on  same, . . 
<'  Balance  to  next  quarten  . . . 

To  Balance  brought  forward, . . 
"  Amount  rec'd  during  quar- 
ter ending  this  day, 

Ob, 

By  Auditor's  warrants  redeemed 
'*  Interest  allowed  on  same, . . 
"  Balance  to  next  quarter,  . . . 

To  Balance  brought  forward, . . 
"  Amount  rec'd  during  quar- 
ter ending  this  day, 

Ob. 

By  Auditor's  warrants  redeemed 
"  Interest  allowed  on  same, . . 
«  Balance  to  next  quarter, . . . 

To  Balance  brougbt  forward, . . 
«  Amount  rec'd  during  quar- 
ter ending  this  day, 

•Cb. 

By  Auditor's  warrants  redeemed 
"  Interest  allowed  on  same, . . 
"  Balance  to  next  quarter,. . . . 


$  28,039  13 


118,626  47 


96,135  85 

1,815  06 

48,718  70 


43,713  70 
127,401  65 


98,148  13 

1,439  70 

71,527  42 


71,527  42 
90,312  01 


98,268  41 

1,248  27 

67,842  75 


67,842  75 
21,792  96 


61,823  62 
1,638  90 

86,278  29 


$  141,664  60 


141,664  60 


171,116  26 


171,116  25 


161,839  43 


161,839  43 


89,136  71 


89,186  71 


6 


STATB  TRRAJBUBEEfB  BESORT. 


«rNO.  W.  JONES  in  acoonat  with  the  State  of  Iowa,  from  Novem- 
ber 4th,  1861,  to  Jaauaiy  8d,  1868,  indufiive. 


1 


OENSRAIj  BBYENUS— CknmNTTSD. 


Nov.  3, 

1863. 
Jan.    8, 


Jan.    8, 


To  Balance  brought  forward,  . . 
"  Amount  rec'a  during  quar- 
ter ending  this  daj, 

Ob. 

By  Auditor's  warrants  redeemed 
^^  Interest  allowed  on  same. . . 
^^  Balance  paid  successor,  Wm. 
H.  Holmes, 


$  36,278  29 

■ 

75,528  42 


73,611 19 
1,502  68 

36,692  89 


111,806  71 


111,806  71 


BBGAPrrULATION. 


Balance  in  Treasury 

Total  .amount  of  receipts. 


Total  amount  of  disbursements. 
Balance  (paid  as  above)  to  successor, . . . 


28,039  13 
428,660  41 


420,006  65 
36,692  89 


456,699  54 


466,699  54 


WM.  H.  HOLMES  in  account  with  the  State  of  Iowa  from  Jan- 
nary  5th,  1863,  to  October  3l8t,  1863,  inclusive. 


1868. 
Jan.    5, 

7eb.  28, 


Feb.  28, 

n     u 


a     a 


Mar.  2, 
May  80, 


•May  80, 


u     a 


To  amount  received  of  predeces- 
sor, John  W.  Jones, 

To  amountreceived  during  quar- 
ter ending  this  day, 

Oe. 

By  Auditor's  warrants  redeemed 
By  interest  allowed  on  same, . . 
By  balance  to  next  qnarter, . . . 

To  balance  brought  forward, . . 
To  amount  received  during  quar- 
ter ending  this  day, 

Ob. 


By  Auditor's  warrantsredeemed 
By  interest  allowed  on  same, . . 
By  balance  to  next  quarter, . . . 


86,093  89 
67,869  43 


104,552  32 


46,248  58 

3,079  70 

55,224  09 


55,234  09 
201,373  27 


88,917  45 

1,756  59 

1^0,924  32 


104,552  32 


256,697  86 


256,597  36 


8TATB  TOMASUBfaxa  WVOBT. 


WH.  SL  HOZiHES  in  accoimt  with  the  State  of  lowi^  fipm  Jan- 

nary  5th  to  October  Slst^  1863,  indufiive. 


QBNSRiU;!  KBYVKUJS. 


1868. 
June  1, 
Sept.  5, 


Sept.  5, 


U       ii 

a     u 


Sept  T, 
Oct  81, 


Oct  31, 


u      u 


To  balance  brought  forward, . . 
To  amoimt  received  during  quar- 
ter ending  this  day, 

Ob. 

By  Auditor's  warrants  redeemed 
By  interest  allowed  on  same, . . 
By  balance  to  next  quarter,. . 

To  balance  bronght  forward, . . 
To  amountreceived  during  quar- 
ter ending  this  day, ....,,. 


$  170,984  88 
109,714  57  $880»638 


Ob. 

By  Auditor's  warrants  redeemed 
By  interest  allowed  on  $ame|. . 
By  balance  in  Treasury, 


86,060  87 

918  95 

198,659  57 


198,669  57 
58,668  98 


46,961 19 

69818 

199,758  84 


280,688  89 


847,818  66 


847,813  65 


BBOAPTTULATION. 


Amount  received  from  predecessor, . . . . 
Total  amount  of  receipts, . .  > 


Total  amount  of  disbursements. 
Balance  in  Treasury, 


86,698  89| 
438,900  86    469,89814 


269,584  90 
199,758  34 


469,398  14 


NoTB— From  the  **  Balance  in  Treasoxy''  as  aboT^tfiyofld  1^  taken  tlie  amount 
of  **  War  and  Defisnse  Fond  **  orerdrawn  |lQ9,0ei  14  which  teavei  in  actual  bal- 
ance in  Treasmy  of  |40,754 10. 


8 


STATB  TREASUBIBR'B  BBPORT. 


JNO.  'W.  JONES  in  account  with  the  War  and  Defense  Fund, 
firom  November  4th,  1861,  to  January  3d,  1863,  inclusive. 


WAR  AND  DEFENSE  FUND. 


1861. 
Nov.  4, 

1862. 
Mar.  1, 


To  Balance  in  Treasury, 


Mar.  1, 


Mar.   8, 
May  81, 


May  81, 


u 


u 


cc 


u 


June  3, 
Aug  80, 


Aug  80, 


it 


u 


ii         u 


"  Amount    received     during 
quarter  ending  this  day,. . . . 

Ob. 

By  Auditor's  warrants  redeemed 
^'  Interest  allowed  on  same, . . 
^^  Balance  to  next  quarter, . . . 

To  balance  brought  forward  ,. . 
*^  amount  receiv'd  during  quar- 
ter ending  this  day, 


*• 


Cb. 


By  Auditor's  warraats  redeemed 
*'  Interest  allowed  on  same, . . 
'*  Be-issned  Auditor's  warrants 

redeemed, 

*(  Balance  to  next  quarter 

To  balance  brought  forward, . . . 
"  amount  receiv'd  during  quar- 
ter ending  this  day, 

Cb. 

By  Auditor's  warrants  redeemed 
^  Interest  allowed  on  same, . . 
"  Re-issued  Auditor's  warrants 

redeemed, 

«  balance  to  next  quarter  .... 


M,d29  93 


99,259  70 


128,248  76 
698  99 

4188 


4188 
82,716  17 


69,954  65 
1,259  40 

2,891  41 
9,151  69 


9,151  69 
142,700  04 


128,889  63 


123,889  63 


82,757  05 


82,767  06 


151,851  73 


95,887  87 
2,410  95 

2,769  91 
50,783  00 


151,851  73 


BTATB  TREABURiarS  RBPORT. 


JNO.  W.  JONES  in  acconnt  with  the  War  and  Defense  Fund, 
from  November,  4th,  1861,  to  Januaiy  3d,  1868,  inclnflive. 


WAR  AND  DEFENSE  FUND— CoNrnnnn). 


1862. 
Sept.  1, 
Nov.  1, 


Nov.  1. 

U  it 


ti 


it 


it 


it 


Nov.  8, 

1863. 

Jauy.  3, 


Jany.  8, 

It    it 


tt    tt 


it    tt 


To  balance  brought  forward, . . . 

"  Amonnt     received    during 

quarter  ending  this  day,. . .  • 

Ob. 

By  Auditor's  warrants  redeemed 
^^  Interest  allowed  on  same, . . 
^^  Beissued  Auditor's  warrants 

redeemed, 

'^  Balance  to  next  quarter, .  . . 

To  balance  brought  forward, . . . 

^^  Amount    received    during 
quarter  ending  this  day, .... 

Ob. 

By  Auditor's  warrants  redeemed 
'^  Interest  allowed  on  same, . . 
^^  Reissued  Auditor's  warrants 

redeemed, 

"  Balance  paid  successor,  Wm. 

H.  Holmes, 


60,783  00 
17,480  37 


41,180  87 
607  80 

36210 
26,162  60 


26,162  60 


81,570  d2 


68,213  37 


68,213  37 


107,788  62 


86,678  81 
•  1,043  97 

736  81 


19,379  43     107,788  62 


RECAPITTJLATION. 


Balanoe  in  treaBorj, 

Total  amoDnt  of  receipts, 


Total  amoimt  of  disbursements, 

Balance  paid  to  successor  as  above. 


24,629  98 
428,676  20 


428,926  70 
19,879  43 


448,806 18 


448,806 13 


2 


10 


BTA.TX  TBKAflDBBire  REPORT. 


WM.  H.  KOLlfES  in  aooowt  -mOi  the  War  and  Defense  Fond 
from  Janatury  5th,  1863,  to  October  Slat,  1863,  iiiclufliye. 

»iii  I   ■     I..  ■  -  .  I.- I.I  .     ■  I  I  I  I      I  I  I  » 

WAR  AND  DEFENSE  FUND. 


1863. 
Jan.    5, 

Feb.  28, 


Feb.  28, 

u     u 


ii      u 


a     a 


Mar.  2, 
May  80, 


i)        (4 


May  SO, 


a     (c 


Sept.  5, 


June  1, 
Sept.  5, 

a     u 
a     u 


To  amotiBt  received  of  predeces- 
sor John  W.  Jones, 

Amount  received  during  quar- 
ter ending  this  day, 


Ob. 

By  Auditor's  warrants  redeemed 
By  interest  allowed  on  same, . . 
By  reissued  Auditor's  warrants 

redeemed, 

Bj  balance  to  next  quarter, . . . 

To  balance  brought  forward, . . 

To  amount  received  during  quar- 
ter ending  this  day, 

To  Balance  overdrawn  from 
State  Be  venue, 

Ob. 

By  Auditor's  warrants  redeemed 
By  interest  allowed  on  same, . . 
By  reissued  Auditor's  warrants 
redeemed, 

To  amount  received  during  quar- 
ter ending  this  day, 

Tobalanceoverdrawn  from  Gen- 
eral Revenue, 

Ce. 

By  balance  overdrawn  from  last 
quarter, 

By  Auditor's  warrants  redeemed 

By  interest  allowed  on  same, . . 

By  reissued  Auditor's  warrants 
redeemed, 


$    19,879  48 

29,698  54$   49,077  97 


48,619  05 
1,198  93 

1,005  02 
8,859  97 


8,869  97 
48,818  17 
12,869  66 


67,110  23 
1,411 12 

1,026  85 


28,698  11 
146,074  16 


12,869  56 

152,923  12 

4,189  82 

19108 


49,077  97 


59,547  70 


69,547  70 


169,6reS8 


169,678  68 


BTATB  TRBASTJBBB*8  BBPOBT. 


11 


WM.  H.  HOLMES  in  account  with  the  War  and  Defense  Fund 
from  January  5th,  1863,  to  October  Slat,  1868,  inclusive. 

--        —  -  - rrrn ' 

WAR  AND  DSFSNBE  FU£n>-0QRTnn7Ba 


Oct.  31, 


u 

a 

ii 

a 

Oct. 

31, 

ii 

(( 

Sept.  7, 


To  amount  received  during  quar- 
ter ending  this  day, 

To  balance  ovei:drawnfrom  Gen. 
Eevenue, 

Ob. 

By  Auditor's  warrants  redeemed 
By  interest  allowed  on  same, . . 
Balance  overdrawn  from  last 
quarter, 


6,66047 
159,004 14 


19,258  84 
281  01 

146,074  76 


RECAPITULATION. 


Amount  received  from  predecessor, .... 

Total  amoimt  of  receipts, 

Amount  overdrawn  froia  General  Reve- 
nue,   

Total  amount  of  Warrants  redeemed,. . . 


19,879  43 
103,675  95 

159,004 14 


282,059  52 


16S,56461 


165;564  61 


282,059  52 
282,059  52 


JNO.  W.  JONES  in  account  with  the  «  Temporary  School  Fund," 
from  November  4th,  1861,  to  January  8d,  1863,  inclusive. 

TEMPORARY  SCHOOL  FUND. 


1861. 
Nov.  4, 
•1862. 
Jan.  13, 
Feb.  28, 
June  28, 
Aug.22, 


To  Balance,  in  Treasury, 


June  38, 

8ept.22, 


ToAm'trec'dof  F.M.Hosselton 
«  «  a  «W.  A.  Thurston, 
"  "  "  "  State  on  Loans, 
a    a      a     «  F.  M.  Hosselton 


Ob. 

Bj  amount  transferred  to  G«ne- 
Revenue, 

By  amonnt  transferred  to  Gene- 
ral Bevenae, 


12,30000 


12,20000 


12 


STATE  TREASURER'S  REPORT. 


WM.  H.  HOLMES  in  account  with  the  "Temporary  School  Fund" 
from  January  5th,  1868,  to  October  Slat,  1863,  inclusive. 

TEMPORARY  SCHOOL  FUND. 


1863. 
Jan.  6, 

Feb.  19, 

«    20, 

Mar.  10, 

April  8, 

July  29, 

Oct.  29, 


Mar.  10, 
Oct.  29, 


To  amount  received  from  F.  M. 

Hosselton, 

To  amount  received  from  J.  E. 

Neal, 

To  amount  received  from  W.  A. 

Thurston, 

To  amount  received  from  State 

on  Loan, 

To  amount  received  from  J.  E. 

Neal, 

To  amount  received  from  F.  M. 

Hosselton,  . .  • 

To  amount  received  from  State 

on  Loan, 

Ob. 

By  amount  transferred  to  Gen- 
eral Revenue, 

By  amount  transferred  to  Gen- 
eral Revenue, 


16  00 
1,030  00 

96  21 
12,9Y6  n 

82  00 

16  43 
2,374  95 


14,116  92 
2,473  38 


16,890  30 


16,690  SO 


JNO.  W.  JONES  in  account  with  the  Five  per  cent.  Fund  from 
Nov.  4, 1861,  to  January  3,  1863,  inclusive. 


FIYB  PER  CENT.  FUND. 


1862. 
Aug.  2, 


1863. 
Jan.    3, 


To  amount  received  from  F.  M. 
Hosselton, 

Ob. 

By  balance  paid  successor  Wm. 
H.  Holmes, 


250  00 


8TATB  TRBASUKBR'S  REPORT. 


18 


WM.  H.  HOLMES  in  account  with  the  "  Five  Per  Cent.  Fund," 
from  January  5th,  1868,  to  October  31st,  1868,  indufiive. 

■"  ■  ■  '  .1.1.  , I  ,  m 

FIVB  PER  CENT.  PXJin>-OoHTDnjED. 


1863. 
Jan.    5, 

Feb.  19, 

«     20, 

April  8, 

July  29, 


April  8, 


Apr. 

1*, 

16, 

ti 

16, 

ii 

17 

i( 

18, 

u 

21, 

ii 

22, 

ii 

80, 

May 

M 

6, 
12, 

Jnn< 

>  2, 

Aug 
Oct. 

•  1, 
31, 

To  balance  received  from  pre- 
decessor, Jno.  W.  Jones, 

"  Amount  received  from  J.  E. 
Neal, 

"  Amount  received  from  W. 
A.  Thurston, 

"  Amount  received  fiH>m  J.  E. 
Ned, 

"  Amount  received  from  F.M. 
Hosselton, 

Oe. 

By  apportionment  made  this 
day  and  distributed  to  Coun- 
ties, as  follows : 
Henry  County, 
Muscatine  ^^ 
Washington "  . 
Bcott  «     . 

WapeUo       "    . 
Delaware, 
Warren 
Monroe 
Jackson 

Van  Buren  "    

Louisa  "    

Buchanan     ^^    , 

'^  Balance  in  treasury, 


ii 
ii 
a 
a 


350  00 
1,970  00 
1,000  00 
8,030  00 

250  00 


44642 
446  42 
44643 
44642 
446  42 
446  42 
446  43 
446  42 
44642 
44642 
446  42 
446  42 
1,142  94 


6,500  00 


6,50000 


I 


14 


BTATB  TRBkSXJtaSCB  fSStOlKf. 


VrU.  H.  HOLMES  in  aceonnt  with  Bailroad  Tax  firom  Jmutaj 
'    5tb,  1863,  to  Oetob^  aist,  1863,  indHfiive. 

RAILBQAD  TAX 


1868. 
Feb.  21, 

a       u 

"  26, 
«     38, 

Mar.  12, 
«  13, 
«     14, 

July  6, 


Apr.  10, 


u 

11, 


To  amount  received  irc«n  Du- 
buque and  Sioux  City  Bail- 
road  Company, 

To  amount  received  from  Cedar 
Rapids  and  Missouri  Biver 
Kanroad  Company, 

To  amount  received  from  Keo- 
kuk, Fort  Des  Moines  and 
Minnesota  Bailroad  Company 

To  amount  received  from  Mis- 
sissippi and  Missouri  River 
Railroad  Company, 

To  amount  received  from  Du- 
buque, Marion  and  Western 
Railroad  Company, 

To  amount  received  from  Bur- 
linffton  and  Missouri  Biver 
Bauroad  Company, 

To  amount  received  fi'om  Chi- 
ca^,  Iowa  and  Nebraska  Bail- 
road  Company, 

To  amount  received  from  Keo- 
kuk, Mt.  Pleasant  and  Mus- 
catine Bailroad  Company, . . 

To  amount  received  from  ]!owa 
Southern  Bailroad  Company, 

'  Oft. 

By  amounts  apportioned  to  coun- 
ties as  per  Sec.  16  Chap.  173 
Laws  of  the  9th  General  As- 
sembly, and  paid  as  follows : 

Wapello  Co.  (on  B.  &  M.  R  R) 

Poweshiek  County, 

HemyComity,..:. 

Iowa  Cotmty, 

Cedar  County, 

Des  Moines  County, 

Johnson  Oonniy , 


I     3,393  41 


298  94 


1,701  20 


2,654  25 


^10  14 


2,016  85 


1,68178 


224  67 
25  01 


$    11,106  26 


174  72 
11155 
255  26 
22310 
816  37 
23010 
25100 

1,662  10 


8TATB  TRBAdURER'S  REPORT. 


15 


WM.  H.  HOLMES  in  aooount  with  the  Bail  Boad  Tax,  from 
January  6th,  1868,  to  October  Slat,  1868,  indusive. 


RAILROAD  TAX— CoBTZinjBD. 


To  amount  brought  forward, . . 
By  amount  brought  forward,  • . 

Washington  County, 

Benton  County, 

Marshall  County, 

Delaware  County, 

Muscatine  County, 

Tama  County, 

Linn  Coimty, 

Jones  County, 

Blackhawk  County, 

Clinton  County, 

Bachahan  Coimty, 

Scott  Coxmty, 

Dubuque  County, 

Jefferson  County, 

Wanello  County,  (on  K.  F.  D.  & 

Van  jSuren  County, 

By  amount  transferred  to  Gene- 
I    ral  Bevenue, 


Apr.  11, 
jkpr.  14, 


u     a 


Apr.  15; 


u 
u 


Apr.  21, 
Apr.  22, 


U       (( 


Apr.  80, 
Mky  6, 
June  2, 
July  6, 
July  24, 


a     (( 


Aug!  19, 
Sep.  17, 


$1,662 10 

105  25 

6160 

1616 

804  08 

456  50 

68  05 

28770 

48  05 

218  61 

888  47 

292  28 

126  50 

874  00 

848  84 

292  95 
28180 
86108 

6,560  29 


$11,106  25 


11,106  25 


TRSA8T7RERS  CONTINGRNT  FUKD. 


.1861. 
Dec.  81, 

1862. 
Dec  81, 

1868. 
Jan'y  8, 


Oct  81, 


^ere  has  been  paid  out  of 
this  fund  for  services  rendered, 
as  follows: 
To  Da)i  A«  Poorman,  Deputy,  2 

months  at  $60  per  month,. . . 

To  Dan.  A«  Poorman,  Deputy, 
12  months,  at  $700, 

To  Dan.  A«  Poorman,  Deputy, 
8  days,....' 

To  C.  P.  Hohnes,  Deputy,  10 
months  at  $700  per  year. . . . 


$1,898  88 


REPORT 


OF  THB 


REGhlSTER 


OF  THB 


STATE  LAND  OFFICE, 


NOVEMBER  16,   1868. 


•J.  A..  HAJKVJblVy  Register. 


DBS  MOINES : 

F.  W.  PALMBR,  STATE  PRnTTBR. 
1863. 


REPORT. 


STATE  LAND  OFFICE,  IOWA,    \ 

Deb  Moines,  Nov.  16th,  1863.      ) 


Excellency^ 


Sir: — In  reporting  the  transactions  of  this  oflSce  for  the  last  two 
years,  I  would,  for  the  sake  of  uniformity,  be  glad  to  observe  the 
order  adopted  by  my  predecessor,  but  it  seems  more  appropriate  to 
take  up  the  several  subjects,  as  near  as  convenient,  in  the  order  in 
which  they  came  into  existence.  I  shall  therefore  observe  the  fol- 
lowing order: 

1st— The  500,000  Acre  Grant. 

2nd— The  16th  Section  Grant. 

3rd — The  University  Grant. 

4th — The  Saline  Lands. 

5th — The  Des  Moines  River  Grant 

6th — ^The  Swamp  Land  Grant. 

7th— The  Rail  Road  Grant. 

8th — ^The  Agricultural  College  and  Farm. 

9th — The  Des  Moines  River — School  Lands. 

10th — Amity  College. 

11th — Mortgage — School  Lands. 

Although  previous  reports  from  this  office  give  a  synopsis  of  the 
important  acts  passed  in  reference  to  some  of  these  Grants  up  to 
the  date  of  those  Reports,  yet  for  the  convenience  of  those  desir- 
ing to  examine  these  matters,  I  shall  endeavor  to  give  a  sufficient 
(though  brief)  history  of  the  several  Acts,  as  well  as  the  traqslR;- 
tions  under  them,  to  convey  a  correct  understanding  of  the  pre- 
vious legislation,  and  present  condition  of  each  of  these  subjects ; 
believing  that  the  increased  utility  and  convenience  of  the  Report 
will  more  than  compensate  for  the  additional  labor  and  expense 
incurred. 


4  REPORT  OF  THE 

iBT— THE  600,000  ACRE  GRANT. 

The  State  upon  her  admission  into  the  Union  became  entitled 
to  these  500,000  acres  land,  by  virtue  of  An  Act  of  Congress  ap- 
proved September  4th,  1841.  That  Act  grants  to  each  State 
therein  specified  500,000  acres  of  the  public  land  for  the  purposes 
of  internal  improvement,  and  grants  to  each  State  subsequently 
admitted  into  the  Union  so  much  land  as  shall,  together  with  what 
may  have  been  granted  to  her  while  a  Territory  for  such  purpose* 
make  the  amount  of  500,000  acres,  to  be  selected  within  the  limits 
of  the  State. 

The  Constitution  adopted  by  the  Convention  that  met  in  Octo- 
ber, 1844,  to  frame  a  Constitution  for  the  State  of  Iowa,  provided 
that  the  proceeds  of  these  lands,  together  with  all  other  lands  that 
might  be  granted  by  Congress  for  the  benefit  of  schools,  "  shall  be 
and  remain  a  perpetual  fund,"  for  the  support  of  schools  through- 
out the  State.  Congress  by  the  Act  of  March  3d,  1845,  entitled 
"jilwr  Act  for  the  admission  of  ike  Staie  of  loioa  and  Florida  into 
the  Union^  assents  to  this  diversion  of  the  Grant.  But  this  Act  of 
Admission  having  changed  the  boundaries  of  the  State  was  rejected 
by  the  citizens  at  the  ballot  box.  The  second  Constitution,  adopted 
in  1846,  makes  the  same  provision  in  reference  to  these  lands,  and 
Congress  in  the  Act  of  December  28th,  1846,  "JLn  Act  for  the  ad- 
mission of  the  State  of  Iowa  into  the  ZTnion*^  assents  again  to  the 
diversion.  And  still  later,  by  Act  of  March  2d,  1849,  reiterate 
and  expressly  declare  the  assent  of  the  United  States  to  the  diver- 
sion of  these  lands  from  internal  improvement,  to  the  support  of 
schools. 

The  same  provision  is  contained  in  the  New  Constitution,  and 
the  proceeds  of  this  Grant  together  with  that  of  the  16th  Sections. 
The  five  per  cent,  fund  and  estates  that  escheat  for  want  of  heirs, 
constitute  the  permanent  Common  School  fund  of  the  State. 

The  General  Assembly  by  An  Act  entitled  "An  Act  topromds 
for  the  management  omd  disposition  of  ike  school  fmkd^^  approved 
Feb.  25th,  1847,  attempted  to  provide  for  the  selection  of  these 
lands,  but  the  Act  proving  insufficient,  was  amended  by  "-4n  Ad 
Supplemental  to  the  Act  of  Feb.  25^  1847,''  approved  January  15th, 
1849. 

The  last  mentioned  Act  appoints  Commissioners  to  select  the 
remainder  of  these  lands  under  the  instructions  of  the  Commis- 


BSGI8TER  07  THS  STATE  LAND  OFFICE.  5 

sioner  of  the  General  Land  Office.  The  lands  were  thus  selected, 
and  although  the  Grant  only  contemplated  and  intended  500,000 
acres,  yet  there  were  more  selected,  and  by  oversight  the  Depart- 
ment certified  to  the  State,  under  it,  522,660,03  acres. 

Upon  discovering  this  error.  His  Excellency,  Gov.  Lowe,  wrote 
a  letter  to  the  Department,  releasing  or  attempting  to  release  on 
behalf  of  the  State,  13,918,25  Acres,  being  all  of  the  excess  that 
appeared  upon  an  investigation  then  made,  to  be  undisposed  of  by 
the  State.    This  left  508,741,78  Acres  certified  still,  and  the  differ- 
ence was  reconciled  by  the  Government  withholding  of  the  five 
per  cent,  fund  the  amount  of  8,741,78  Acres,  at  $1,25  per  acre. 
This  settlement  results  advantageously  to  the  School  Fund,  as  none 
of  these  lands  were  sold  for  less,  and  some  of  them  much  higher 
than  $1,25.     In  the  Commissioner  of  the  General  Land  Of- 
fice, not  satisfied  with  the  release  made  by  Gov.  Lowe,  applied  to 
Gov.  Kirkwood  for  a  formal  release  or  Deed  of  re-conveyance  of 
the  15,918,25,  who,  not  feeling  authorized  to  execute  such  convey- 
ance without  authority  of  the  Legislature,  laid  the  matter  before 
the  last  regular  session  of  the  General  Assembly,  and  thereupon 
an  Act  was  passsed,  approved  March  22, 1862,  giving  the  Execu- 
tive of  the  State  full  power  to  settle  this  matter  with  the  General 
Government  and  execute  the  necessary  conveyance.     (Acts  1862, 
P.  58.)    But  I  am  unable  to  ascertain  that  this  has  ever  been  done. 
The  Act  of  Jan.  15,  1849,  placed  the  care  and  selling  of  these 
lands  in  the  hands  of  the  School  Fund  Commissioner  under  direc- 
tion of  Sup't.  of  Public  Instruction.     The  Act  of  Jan.  25,  1855, 
required  the  School  Fund  Commissioner  to  offer  and  sell  aU  school 
lands  as  therein  prescribed,  withdrawing  it  altogether  from  the  di- 
rection of  the  Superintendent  of  Public  Instruction.     (Acts  1855, 
P.  200.)    An  Act  of  the  7th  General  Assembly,  entitled  "-4n  Act 
jn*aviding  for  the  management  of  the  School  Furkd  and  sale  of  the 
School  lamds^'^  approved  March  23,  1858,  abolished  the  olHce  of 
School  Fund  Commissioner  and  required  him  to  hand  over  all  pa- 
pers and  make  final  settlement  with  the  County  Judge. 

This  Act  also  requires  the  Superintendent  of  Public  Instruction 
to  transfer  to  the  Auditor  of  State  all  books,  papers  and  documents 
relating  to  the  School  Fund,  and  to  the  State  Land  Office  all  books, 
papers  and  documents  relating  to  the  School  and  University  Lands. 
And  while  it  does  all  this,  and  expressly  empowers  the  County 


6  BEPORT  OF  THE 

Judge  and  Township  Trustees  to  control  and  sell  the  16th  sections, 
it  confers  neither  on  him  nor  any  one  else  power  to  control  or  sell 
the  lands  of  the  500,000  acre  grant. — {Laws  1858,  Chap.  158.) 

This  difficulty,  however,  was  remedied  by  the  Act  of  the  Eighth 
General  Assembly  passed  April  8d,  1860,  placing  these  lands  as 
well  as  the  16th  sections  under  the  control  of  the  County  Board  of 
Supervisors,  and  authorizing  them  to  sell  the  same  as  therein  pre- 
scribed.—(^av.  1860,  P.  34:82.) 

The  Supervisors  still  have  control  of  these  lands  under  this  Act 
— ^the  Clerk  of  the  District  Court  issuing  the  certificates  of  Final 
payment,  as  contemplated  by  the  Act. 

The  following  table  exhibits  the  number  of  patents  issued,  and 
the  number  of  Acres  of  these  lands  conveyed  during  the  several 
periods  mentioned  up  to  this  time. 


FBOM                                         TO                        NO.  PATENTS.      NO.  ACRES. 

JtTovember  15, 1861 
January  5,  1863 

November  15,  1861 
January  5, 1863 
November  15,  1863 

3,208 
288 
395 

323,757.95 
24,527.00 
25,066.78 

Total, 

3,891    3Y3.351.7a 

•  -7 •  ^ 

Deduct  the  total  amount  conveyed  from  508,741,78,  the  whole 
amount  of  the  Grant,  and  we  have  135,390.05  Acres  with  the  title 
yet  in  the  State,  though,  doubtless  much  and  perhaps  all  of  this 
remainder  has  been  sold. 

*  2i>— THE  SIXTEENTH  SECTION. 

The  Acts  of  Congress  before  cited,  granting  to  the  State  500,000 
acres  of  land  for  Internal  Improvement,  also  grant  to  the  State  the 
16th  section  in  every  township  in  the  State,  and  when  that  section 
is  sold  or  otherwise  disposed  of,  other  lands  of  like  artiount  in  lieu 
thereof,  for  the  use  of  Schools.  There  are  of  these  sections  in  the 
State,  according  to  an  estimate  furnished  this  office  by  Hon.  M.  L. 
Fisher,  Superintendent  of  Public  Instruction,  and  reported  in  1857 
by  Mr.  Parvin,  fifteen  hundred  aiid  eighty-two  (1582),  containing 
one  million,  twelve  thousand  four  hundred  and  eighty  (1,012,480) 
acres. 

The  General  Assembly,  in  the  Act  of  Feb.  25th,  1847,  provide 
for  the  sale  of  these  lands,  and  place  them  under  the  control  of  the 
School  Fund  Commissioners  of  the  several  counties. 


REGISTER  OF  THE  STATE  LAl^D  OFFICE.  f 

They  remained  under  the  control  and  management  of  these  Com- 
missioners, in  connection  (At  times)  with  the  Township  Trustees, 
till  the  oflSce  of  School  Fund  Commissioner  was  abolished  by  the 
Act  of  March  28d,  1868.  By  that  Act,  these  lands  were  placed  in 
the  hands  of  the  County  Judge,  in  connection  with  the  Township 
Trustees.     {Chap.  158,  Acts  1868.) 

The  Act  passed  April  3d,  1860,  entitled  "-4n  Actjmmdingfor 
the  ^management  of  the  School  Fv/nd^  cmd  the  sale  of  the  School 
La/nds^'*  took  effect  on  the  first  Monday  of  January,  1861,  and 
transferred  the  management  and  care  of  tiiese  lands  to  the  Boards 
of  Supervisors  and  the  Township  Trustees,  and  they  remain  under 
their  control.     {Chap.  86,  Refo.  1860.)  ' 

The  following  table  shows  the  number  of  acres  of  these  lands 
patented  by  the  State,  and  the  number  of  patents  issued  therefor, 
during  the  periods  designated  up  to  the  present: 


FSOH                                      T  0                        NO.  PATBNT8.      NO.  A0BE8. 

November  16, 1861 
Janaary  6, 1863 

November  16,  1861 
January  5,  1863 . .  . 
November  15,  1863 

8,642 
296 
828 

289,660.06 

19,159.80 

.  41,876.76 

Total, 1              4,266  360,686.61 

Deduct  the  total  amount  patented  from  the  whole  amount  of  this 
grant — 1,012,480  acres,  and  we  find  yet  remaining  unpatented  by 
the  State,  661,793.39  acres;  but  what  portion  of  this  is  sold  by  the 
officers  having  charge  of  the  same  in  the  different  counties,  we  have 
no  means  of  determining. 

Before  closing  this  part  of  my  Eeport,  I  desire  to  call  attention 
to  the  appraisement  of  this  land.  Never,  under  any  of  the  previous 
awB,  could  either  this  or  any  other  School  Land  be  valued  or  pur- 
chased at  less  than  $1.26  per  acre.  But  under  the  law  now  in 
force,  the  Township  Trustees,  in  appraising  the  16th  section  lands, 
^^  shall  appraise  each  i/ra/st  al  what  they  believe  to  he  its  true  value^^'^ 
&c.  There  is  no  minimum  for  the  valuation.  {See  Chap,  86,  Sev. 
Sec.  1970.) 

Under  this  law,  some  of  the  School  Lands  in  Butler  county  have 
been  appraised  and  sold  as  low  as  twenty-five  cents  per  acre. 

There  is  very  little  of  the  School  Lands  in  this  State,  that  is  not 
worth  at  least  $1.26  per  acre,  whilst  the  most  of  it  is  worth  more; 
and  the  policy  of  permitting  it  to  be  sold  for  less,  appears  to  me  at 
least  very  doubtful. 


8 


RBPORT  OF  THB 


Sd— UNIVERSITY  LANDS. 


This  grant  of  lands  consists  of  two  entire  townships,  or  seventy- 
two  sections,  set  apart  under  the  Act  of  Congress,  entitled  '^An 
Act  grcmtmg  two  townships  of  land  for  the  use  of  a  University  in 
the  Territory  of  lowa^^  approved  July  20th,  1840,  and  is  placed  by- 
law under  the  control  and  management  of  the  ^^  Board  of  Trustees 
of  the  Iowa  State  University,"  at  Iowa  City,  to  the  benefit  of 
which  institution  they  are  exclusively  appropriated. 

For  Acts  of  the  General  Assembly  upon  this  subject,  see  the 
Revision  of  1860,  page  342  to  347. 

The  following  table  shdws  the  several  counties  in  which  these 
lands  lie — ^the  total  amount — ^number  of  acres  patented — ^number 
unpatented,  and  the  number  of  patents  issued  in  each,  up  to  this 
date: 


COUNTIES. 

NO.   PATENTS.  A0BB8  PAt'd.  UN-PATKn'd.     TOTAL. 

Appanoose, 

Boone 

3 
16 

2 

120. 
1,302.18 
80. 

520. 
1,311.30 
1,217.36 

572.07 
2,520. 
6,594.62 

566.65 
4,411.35 
1,080. 
4,145.44 
4,554.53 

240. 
4,286.16 

478.20 
1,880. 
2,040. 

640. 
2,613.48 

Davis 

1,297.86 
572.07 

Dallas. 

Decatur, 

Hardin 

1 

68 
1 
2 
2 
5 
6 
3 

12 
1 
1 

13 

40. 
3,731. 
80. 
200. 
200. 
400. 
617.66 
405.16 
935.24 
160. 
40. 
1,200. 

2,560. 
10,325.63 
646.65 

Iowa, 

Jasper, 

Jefferson, 

liUcas.  ..•••..••.. 

4,611.35 

1,280. 

4,545.44 

Polk 

5,172.19 

Scott. 

645.16 

Storv 

5,221.40 

Union 

638.20 

Wapello, 

Warren, 

1.920. 
3,240. 

Total, 

125 

9,511.24 

36,417.68 

45,928.92 

Add  29:02  acres,  for  fractional  sections  taken  as  foil,  and  we  have 
45,957:94  acres  certified  to  the  State,  leaving  a  deficit  of  122:06 
acres  yet  due  the  State  on  this  grant. 

The  General  Assembly,  at  its  last  regular  session,  by  An  Act 
entitled  ^  An  Ad  to  secure  the  remainder  of  the  University  Zand 
Onmt^^  approved  April  7, 1863,  authcmzed  the  Governor  to  take 
the  necessary  steps  to  secure  to  the  State  this  remainder,  but  I  am 
not  aware  that  any  steps  have  been  taken  in  the  matter. 


SEOISTER  OF  THE  STATE  LAND  OFFICK  9 

4th.— SALINE  LANDS. 

Although  the  several  Statutes  enacted  in  reference  to  this  grant 
of  lands  have  been  cited  and  to  a  considerable  extent  copied,  in  all 
the  reports  heretofore  made  from  this  oflSce,  yet  in  view  of  the 
&ct  that  some  additional  legislation  is  necessary,  to  settle  doubts 
existing  as  to  who  shall  control  these  lands,  it  seems  proper  here 
to  give  a  brief  synopsis  of  all  the  acts  passed  in  reference  to  this 
subject  up  to  the  present. 

Congress  passed  but  two  acts  : 

1st. — The  Act  approved  March  8d,  1846,  granting  to  the  State, 
under  certain  restrictions,  the  use  of  the  Salt  Springs  in  the  State, 
not  exceeding  twelve  in  number,  and  six  sections  of  land,  the  title 
thereto  still  remaining  in  the  general  government. 

2d. — ^The  Act  of  May  27th,  1852,  relinquishing  the  right  of  the 
government  and  granting  these  lands  to  the  State  in  fee  simple. 

Thus  the  46,101.53  acres  of  land  belonging  to  this  grant  were 
placed  under  the  control  of  the  General  Assembly  of  this  State, 
and  the  following  several  Acts  have  been  passed  by  that  body  in 
reference  thereto : 

1.  "An  Act  in  relation  to  the  Salt  Springs  granted  to  the  State,"  Approved  Feb. 

S4th,  1847,  directing  the  method  of  eelectlon. 

3.  "An  Act  to  dispose  of  the  Saline  Lands  belonging  to  the  State,  and  to  appro- 
priate the  proceeds  thereof/*  pass^  Feb.  5th,  1851. 

The  second  section  of  this  act  provides,  "TAo^  ^  sales  (of  these 
lands)  shall  be  made  by  the  same  officer,  as  though  the  lands 
formed  a  portion  of  those  set  apart  for  the  improvement  of  the  Des 
Moines  River."  This  officer  was  the  Register  of  the  Des  Moines 
Siver  Improvement,  and  the  fifth  section  provides,  that  ^'proceeds 
of  the  sales  of  said  lands  shall  constitute  a  fund  for  founding  and 
supporting  a  Lunatic  Asylum." 

Under  this  Act,  however,  it  appears  there  were  no  sales  made. 

8.  '*An  Act  to  dispose  of  the  Saline  Lands/*  approved  January  22d,  1868. 

This  act  provides  that  these  lands  shall  be  sold  "  by  the  same 

officer  and  under  the  same  regulations  as  though  they  formed  a 

part  of  the  School  Lands  of  the  State,"  and  it  provides  also  for 

paying  over  to  the  Treasurer  of  State,  the  money  arising  firom  such 

sales.     {See  Acta  1853,  p.  126.) 
2 


10  REPOBT  OF  THE 

4.  "An  Act  to  amend  Chapter  65  of  the  Code  of  Iowa,  and  to  provide  for  the  sale 
of  Saline,  School  and  IJniyersity  Lands.**    Approved  Jannaiy  25th,  1855.** 

By  this  Act  it  is  made  the  duty  of  the  person  or  persons  having 
charge  by  law  of  Saline,  School  and  University  Lands  to  offer  and 
sell  the  same  in  the  manner  therein  prescribed. 

This  Act  also  requires  the  Board  of  Trustees  of  the  State  Uni- 
versity to  elect  a  Treasurer,  and  then  provides :  "  Sec.  9.  It  shall 
he  the  duty  of  the  State  Treasurer  as  soon  as  he  may  he  caUed  upon 
hy  the  Treasurer  elected  under  amd  hy  authority  of  this  Act^  to 
deliver  over  to  the  same  all  money s^  hooJcs^  notes  and  all  other  papers 
thai  may  he  in  his  possession ^and  helonginy  to  said  University  or 
Saline  funds^  amd  shall  taJce  a  receipt  therefor^  which  shall  he  his 
voucher  in  his  settlement  with  the  State.     {Chap.  136,  Acts  1855.) 

5.  ^An  Act  for  a  fVirther  appropriation  for  the  State  Insane  Asylum.    Approved 

July  14th,  1856.    (Extra  sesdon.) 

By  this  Act  the  proceeds  of  these  lands  are  again  appropriated 
to  the  Insane  Asylum.     {Acts  Evstra  session  1856,  p.  90.) 

0.    *'An  Act  to  repeal  Section  2  of  An  Act  for  a  further  appropriation  for  the 
State  Insane  Asylum,  approved  July  14th,  1856.**    Approved  March  28d,  1858. 

This  Act  repeals  that  part  of  the  Act  of  14th  July,  1856,  which 
appropriates  the  proceeds  of  the  Saline  Lands  to  the  Insane 
Asylum.     {Acts  1858,^.  263.) 

7.  ''An  Act  to  authorize  the  County  Judge  and  County  Treasurer  to  sell  the 

Saline  Lands.''    Passed  March  26th,  1860. 

This  act  confers  on  the  County  Judge  and  County  Treasurer  all 
the  powers  in  relation  to  Saline  Lands  that  were  by  the  Act 
approved  January  25th,  1856,  vested  in  the  School  Fund  Commis- 
eioner.     {Reo.  1860,^.  345.) 

8.  "An  Act  appropriating  the  Saline  Lands  and  Funds  to  the  State  University 

of  Iowa;'    Passed  April  2d,  1860. 

The  first  section  of  this  Act  makes  the  Saline  Lands  and  Funds 
a  part  of  the  permanent  fund  of  the  State  University,  and  the 
second  section  reads  as  follows :  ^^Thal  it  is  hereby  made  the  duty 
of  a/ny  officer  who  mm)  now  or  hereafter  home  change  of  any  fwnds 
heretofore  or  hereafter  a^rising  from  the  sale  of  the  Salms  La/nds^ 
to  pay  the  samie  over  from  time  to  trnne  withoul  dday  to  the  Treas- 


REGISTER  OP  THE  STATE  LAND  OFFICE.  H 

urer  of  the  State  Univermiy^  who  %hall  invest  the  mme  inthemam/ner 
prescribed  for  the  investment  of  the  University  fvmd?j^  {Rev,  1860, 
p.  346.) 

9.  *'  An  Act  for  extending  the  time  for  claimants  to  prove  up  and  puichaee  oei^ 

tain  SaliDe  Lauds. "    Chap.  83,  Acts  186d. 

This  Act  is  amendatory  of  the  Act  March  26th,  1860,  and  ex- 
tends the  time  for  claimants  to  prove  up  and  purchase  certain  spec- 
ified tracts  of  Saline  Lands  ;  at  the  same  time  providing  that  the 
proving  up  and  purchasing  the  same  shall  in  all  respects,  except  as 
to  time,  be  governed  by  the  provisions  of  the  Act  of  March  26th, 
1860. 

.Such  is  in  brief  the  substance  of  the  State  legislation  upon  this 
subject ;  and  in  view  of  these  numerous  and  apparently  conflicting 
Statutes,  it  seems  doubtful  who  has  the  right  to  control  and  sell 
these  Lands,  who  is  entitled  to  the  possession  of  the  notes  and  con- 
tracts of  sales  made  by  the  School  Fund  Commissioner ;  and  whose 
duty  it  is  to  issue  the  certificates  of  final  payment  upon  these  con- 
tracts. The  Treasurer  of  the  State  University  claims  the  right  to 
issue  these  certificates  ;  and  has  issued  a  great  many,  upon  which 
patents  have  been  issued.  At  the  same  time  the  Clerk  of  the  Dis- 
trict Court  of  Lucas  county,  has  been  exercising  that  privilege,  and 
sending  such  certificates  to  this  Office  for  patents. 

It  was  the  custom  of  my  predecessors  to  issue  patents  upon 
both  these  classes  of  certificates. 

Having  great  doubt  as  to  whose  duty  it  was  to  issue  them,  I  con- 
cluded to  follow  the  precedent.  Finally  a  case  arose  requiring  a 
determination  of  the  question.  A  certificate  of  final  payment,  is- 
sued by  the  Tresurer  of  the  State  University,  was  received,  asking 
a  patent  to  a  certain  person  for  a  certain  tract  of  Saline  Land^ 
which  tract  had  already  been  patented  to  another  person  upon  a 
certificate  issued  by  the  Clerk  of  the  District  Court  of  Lucas  county. 

I  then  submitted  the  question  to  the  Attorney  General  for  his 
written  opinion  as  to  whose  duty  it  is  to  issue  these  certificates. 

On  the  30th  of  October  last,  after  a  lull  investigation  of  the 
matter,  he  filed  in  this  Office  his  opinion,  deciding  that  it  is  the 
duty  of  the  Cownty  Judge  ;  and  that  neither  the  Treasurer  of  the 
State  University  nor  the  Clerk  of  the  District  Court  has  any  legal 
authority  to  do  it.  Although  it  is  contrary  to  the  general  impres- 
sion upon  this  subject,  I  am  now  satisfied  of  the  correctness  of  the 
opinion. 


1 2  RBPORT  OP  THE 

The  County  Judges — doubtless  believing  that  the  Saline  Lands, 
and  all  matters  connected  therewith,  have  been  withdrawn  from 
their  control  and  given  to  the  Boards  of  Supervisors — ^have  en- 
tirely ceased  to  have  anything  whatever  to  do  with  them. 

But  we  can  find  no  place  in  the  Statutes  giving  the  Supervisors 
any  coiftrol  over  these  Lands  or  funds.  Again,  the  Act  of  March 
26th,  1860,  conferring  upon  the  County  Judge  and  Treasurer  the 
power  before  vested  in  the  School  Fund  Commissioner,  to  control 
and  sell  the  Saline  Lands,  was  passed  after  the  Act  of  22d  March, 
1860,  creating  the  Boards  of  Supervisors,  and  defining  their  du- 
ties.    {See  Rev.  1860,  p  48.) 

We  conclude  from  these  facts  that  this  matter  was  not  placed 
under  the  control  of  the  Supervisors. 

Then  the  question  is  :  Did  the  Act,  passed  April  2d,  1860,  ap- 
propriating these  Lands  and  Funds  to  the  State  University,  trans- 
fer all  these  matters  to  the  control  of  the  Board  of  Trustees  of  that 
institution  ?  Would  it  be  sustained  by  a  fair  construction  of  the  Act 
itself,  and  in  view  of  the  fact  that  it  was  passed  at  the  same  ses- 
sion— ^though  a  few  days  later — that  the  Act  of  March  26,  1860, 
giving  to  the  County  Judge  the  power  to  sell  and  control  these 
lands  was,  and  in  view  also  of  the  Acts  of  1863,  Chap.  83  ! 

Or  is  not  this  the  better  opinion :  That  the  Act  of  April  2d,  1860, 
gives  to  the  University  the  right  to  control  and  sell  as  University 
Lands  under  the  regulations  prescribed  in  the  Act  passed  by  the 
Board  of  Education,  December  25th,  1858,  all  the  Saline  Lands  re- 
maining unsold  ;  and  the  right  also  to  the  proceeds  of  all  pre- 
viously sold,  as  soon  as  the  same  could  be  collected  and  paid  over  % 

I  think  the  law  sustains  this  view  of  the  case,  and  we  then  have 
all  the  lands  not  sold  by  the  School  Fund  Commissioners  or  County 
Judges,  under  the  control  of  the  University  ;  and  the  County 
Judges  in  possession  of  all  notes  and  contracts  executed  for  lands 
previously  sold  and  collecting  the  purchase  money.  But  where  is 
the  authority  vested  to  declare  these  contracts  forfeited  for  non- 
payment and  re-sell  the  land  ? 

As  soon  as  the  opinion  of  the  Attorny  General  was  rendered,  I 
notified  the  Treasurer  of  the  State  University,  that  no  more  pat- 
ents would  be  issued  for  Saline  Lands  upon  certificates  issued  by 
him  or  the  Clerk  of  the  District  Court  until  the  General  Assembly 
has  time  to  remove  the  difficulty  by  Legislation. 


BBQISTER  OF  THB  STATE  LAND  OFFICE. 


13 


In  view  of  the  oonfusion  and  apparent  uncertainty  of  the  law 
apon  this  subject ;  and  the  consequent  embarrassment  both  to  this 
Office  and  the  University,  in  the  premises,  I  would  suggest  that  you 
call  the  attention  of  the  General  Assembly  to  it,  and  earnestly  rec- 
ommend the  passage  of  some  Act  removing  the  difficulty,  by 
placing  those  Lands — ^the  contracts  of  sales  heretofore  made  and 
notes  given  therefor — ^and  all  matters  connected  therewith,  under 
the  control  of  the  Board  of  Trustees  of  the  State  University,  or 
some  other  proper  Officer,  and  granting  the  power  to  declare  con- 
tracts made  for  the  purchase  of  these  lands,  forfeited  in  cases  of 
fiEdlure  to  pay  for  the  same  according  to  the  terms  of  sale  ;  and 
making  it  the  specific  duty  of  some  officer  to  issue  certificates  of 
final  payment,  and  stating  what  facts  these  certificates  must  contain 
to  justify  the  issuing  of  patents. 

The  several  certificates  of  final  payment  issued  by  the  Treasurer 
of  the  State  University  above  mentioned,  as  well  as  those  issued 
by  the  District  Clerk  of  Lucas  county,  are  doubtless  all  illegal. 

Whilst  there  may  be  no  one  in  a  position  to  contest  the  validity 
of  the  patents  issued  on  them,  yet  as  the  State  is  bound  to  main- 
tain the  validity  of  the  title  she  conveys — at  least  to  the  extent  of 
her  interest  in  the  land — I  would  respectfully  submit,  whether  it 
would  not  be  well  to  ask  the  General  Assembly,  to  legalize  these 
patents  and  confirm  the  title  to  the  several  grantees  ? 

The  following  table  shows  the  several  Counties  in  which  these 
lands  lie,  together  with  the  number  of  acres  patented — the  number 
unpatented — and  total  amount  in  each ;  and  the  number  of  patents 
issued  up  to  this  dat6: 


COUNTIES. 


NO.  PATENTS. 


am't  pat'd 


UNPAT'D 


TOTAL  AM'T 


Appanoose, . 

Davis, 

Decatur, 

Lucas, 

Monroe, 

Van  Buren, 
Wayne,  . . . 


34 


Total, 


28 

144 

11 

14 

3 


2,551,96;  10,307,32 
I        640 

201.92 
7,142.62 

520 


2,358.08 

18,648.84 

600 

640 

160 


234 


24,958,88 


2,330.79 


21,142.65 


12,859.28 
640 
2,560 
25,791.46 
1,120 
640 
2,490.79 

46,101.53 


6th— THE  DES  MOINES  EIVER  LAND  GRANT. 


The  conflictiog  claims  and  interests  which  have  arisen  as  to  the 


J  4  BEPORT  OF  THE 

lands  falling  within  the  limits  of  this  grant,  having  become  very 
serious  and  embarrassing,  some  legislative  action  will  perhajps  be 
had  by  the  next  General  Assembly. 

For  the  purpose  of  facilitating  a  full  and  comprehensive  under- 
standing of  the  present  condition  of  this  grant,  and  the  positions 
of  the  several  grantees,  holding  title  under  the  patents  of  the  State 
and  now  in  possession  of  the  lands,  I  have  compiled  the  following 
synopsis  pf  the  laws  of  Congress  and  of  the  State,  and  the  decis- 
ions of  the  General  Land  Office,  relating  to  this  grant. 

This  grant  was  made  by  act  of  Congress,  approved  August  8th, 
1846,  as  follows : 

**  An  Act  granting  certain  lands  to  the  Territory  of  Iowa  to  aid  in  the  improve- 
ment  of  the  navigation  of  the  Dee  Moines  River  in  said  Territoiy." 

"^e  it  enacted  hy  the  Senate  and  House  of  Repreaeniatwes  of 
the  United  States  of  America  in  Congress  Assembled^  That  there 
be,  and  hereby  is,  granted  to  said  Territory  of  Iowa,  for  the  pur- 
pose of  aiding  said  Territory  to  improve  the  navigation  of  theDes 
Moines  Kiver  from  its  mouth  to  the  Raccoon  Fork,  (so  called,)  in 
said  Territory,  one  equal  moiety,  in  alternate  sections,  of  the  pub- 
lic lands,  (remaining  unsold  and  not  otherwise  disposed  of,  incum- 
bered or  appropriated,)  in  a  strip  five  miles  in  width  on  each  side 
of  said  River,  to  be  selected  within  said  Territory  by  an  Agent 
or  Agents  to  be  appointed  by  the  Governor  thereof,  subject  to  the 
approval  of  the  Secretary  of  the  Treasury  of  the  United  States. 

*'  Sko.  2.  And  be  it  farther  enacted.  That  the  lands  hereby 
granted  shall  not  be  conveyed  or  disposed  of  by  said  Territory, 
nor  by  any  State  to  be  formed  out  of  the  same,  except  as  said  im- 
provement shall  progress,  that  is,  the  said  Territory  or  State  may 
sell  so  much  of  said  lands  as  shall  produce  the  sum  of  thirty  thou- 
sand dollars,  and  then  the  sales  shall  cease  until  the  Governor  of 
said  Territory  or  State  shall  certify  the  feet  to  the  President  of  the 
United  States  that  one  half  of  said  sum  has  been  expended  upon 
said  improvements,  when  the  said  Territory  or  State  may  sell  and 
convey  a  quantity  of  the  residue  of  said  lands  sufficient  to  replace 
the  amount  expended,  and  thus  the  sales  shall  progress  as  the  pro- 
ceeds thereof  shall  be  expended,  and  the  fact  of  such  expenditure 
shall  be  certified  as  aforesaid. 

^^  Sec.  3.  And  be  it  farther  enacted.  That  the  said  River  Des 
Moines  shall  be  and  forever  remain  a  public  highway  for  the  use 


BEOISTBR  OF  THK  8TATB  LAND  OFFICE.  X5 

of  the  Govemment  of  the  United  States,  free  from  anj  toll  or 
other  charge  whatever,  for  any  property  of  the  United  States  or 
persons  in  their  service  passing  through  or  along  the  same:  Pro- 
mdedy  oHwayB^  That  it  shall  not  be  competent  for  the  said  Terri- 
tory or  future  State  of  Iowa,  to  dispose  of  said  lands,  or  any  of 
them,  at  a  price  lower  than,  for  the  time  being,  shall  be  the  mini- 
mum price  of  other  public  lands. 

Seo.  4.  Ani  he  it  further  enacted  That  whenever  the  Terri- 
tory of  Iowa  shall  be  admitted  into  the  Union  as  a  State,  the  lands 
hereby  granted  for  the  above  purpose  shall  be  and  become  the 
property  of  said  State  for  the  purpose  contemplated  in  this  Act, 
and  for  no  other:  Provided  the  Legislature  of  the  State  of  Iowa 
shall  accept  the  said  grant  for  the  said  purpose.''  Approved  Aug. 
8th,  1846. 

The  State  of  Iowa,  by  Joint  Resolution  of  the  General  Assem- 
bly, approved  January  9th,  1847,  did  accept  the  grant  for  the  pur- 
poses specified  in  the  above  act  of  Congress. 

By  an  act  entitled  '^  an  act  creathig  the  Board  of  Public  Works, 
and  providing  for  the  improvement  of  the  Des  Moines  Eiver," 
approved  February  24th,  1847,  the  General  Assembly  gave  the 
control  of  the  work  to  a  Board  consisting  of  a  President,  Secretary 
and  Treasurer,  to  be  elected  by  the  qualified  electors  of  the  State, 
defined  the  nature  of  the  improvement,  and  provided  that  the 
work  should  be  paid  for  out  of  the  funds  to  be  derived  from  the 
sales  of  the  lands,  which  the  Board  was  authorized  to  sell,  under 
the  regulations  adopted  for  the  sale  of  United  States  Lands.  This 
Board  was  elected  August  2, 184'i ,  and  was  fiilly  organized  Sep- 
tember 22, 1847. 

Agents  were  appointed  by  the  Governor  of  the  State,  who 
selected  the  sections  designated  by  "odd  numbers"  throughout  the 
whole  extent  of  the  grant.  The  selections  thus  made  included  all 
of  the  sections  of  the  public  lands  designated  by  odd  numbers, 
(then  remaining  unsold,  and  not  otherwise  disposed  of,  incum- 
bered or  appropriated,)  lying  and  being  in  said  Territory  or  State 
of  Iowa,  within  a  strip  of  five  miles  in  width  on  each  side  of  said 
River  Des  Moines,  from  its  mouth  to  its  source.  The  selection 
by  "odd  numbers,"  was  apprDved  by  the  Secretary  of  the  Treasury 
of  the  United  States. 

The  Commissioner  of  the  General  Land  Office  wrote  to  the 
Board  of  Public  Works,  as  follows : 


16  BEPOBT  OF  THS 

QSI^ERAL  LAND  OFFICE, ) 

February  28, 1848.     ) 

"/SiV; — Tour  commtinication  of  the  29th  of  November  last, 
enclosing  a  copy  of  yours  of  the  22d  September  last,  has  been 
received  and  would  have  received  an  earlier  response  but  for  the 
erroneous  and  defective  surveys  along  the  Des  Moines  River,  which 
prevented  this  office  from  submitting  to  the  Secretary  of  the 
Treasury  the  selections  made  by  the  State  of  Iowa  for  the  improve- 
ment of  the  navigation  of  that  River,  under  the  act  of  the  8th 
August,  1846.  As  these  surveys  hav^  been  corrected,  action  will 
be  had  on  these  selections  as  soon  as  possible,  and  when  approved 
they  will  be  certified  to  you. 

'^  It  is  not  usual  to  furnish  more  than  a  diagram  of  the  grant  in 
cases  of  this  kind,  with  a  certified  list  of  the  tracts  granted  as 
above  mentioned;  and  these  wiU,  of  course,  be  transmitted  as 
they  can  be  prepared. 

^'A  question  has  arisen  as  to  the  extent  of  the  grant  made  to 
Iowa  by  the  act  of  8th  August,  1846,  and  the  opinion  of  this  office 
has  been  requested  on  that  point. 

"  By  the  terms  of  the  law,  the  grant  is  of  an  equal  moiety  in 

alternate  sections  of  the  public  lands  remaining  unsold,  and  not 

otherwise  disposed  of,  incumbered  or  appropriated,  in  a  strip  five 

miles  in  width  on  each  side  of  the  River,  to  be  selected  Within  said 

Territory,  &c.,  &c.,  and  the  proceeds  are  to  be  applied  in  the 

improvement  of  the  navigation  of  that  River,  from  its  month  to 

the  Raccoon  Forks.    Hence  the  State  is  entitled  to  the  alternate 

sections  within  five  miles  of  the  Des  Moines  River,  throughout  the 

whole  extent  of  that  River,  within  the  limits  of  Iowa. 

Very  respectfiilly.  Your  obt.  Servt., 

RICHARD  M.  YOUNG, 

Commissioner. 
Charles  Cobkebt,  Esq.^ 

Sec'y  Board  of  Public  "Works,  Fairfield,  Iowa. 

On  the  19th  June,  1848,  a  proclamation  was  issued,  ordering  into 
market  some  of  the  lands  above  the  Raccoon  Forks,  and  which 
would  belong  to  the  State  under  the  rule  laid  down  by  the  above 
letter  of  Mr.  Young. 

On  the  18th  September,  1848,  the  Board  of  Public  "Works  vnrote 
the  Commissioner  of  the  General  Land  Office  remonstrating 
against  any  lands  being  sold  as  public  laiids,  which  he  {the  Com- 


REGISTER  OF  THE  STATE  LXND  OFFICE.  17 

misBioner)  had  already  decided  as  inclnded  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,  wap 
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  28d;  1848.  In 
answer  to  this  letter  of  the  delegation  from  Iowa,  the  Secretary 
made  the  following  response : 

Trbasubt  Dbpabtmxnt,  March  2,  1849. 

Gentlembn: — I  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  naviga- 
tion 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  sid^  of  the  River  from  its 
source  to  its  mouthy  but  not  to  lands  on  the  River  in  the  State  of 
Missouri.  I  have  transmitted  your  communication  and  accompa- 
nying papers,  with  a  copy  of  this  letter,  to  the  Commissioner  of 
the  General  Land  Office. 

.1  have  the  honor,  &c., 

R.  J.  WALKER, 

Sec.  of  Treasury. 
Messrs.  A.  C.  Dodge,  and  others. 

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 

certilied  lists,  being  less  than  331,000  acres. 
3 


Ig  REPORT  OF  THS 

Oa  the  let  June,  1849,  the  Commissioner  of  the  Ocfneral  Land 
office,  directed  tiie  BegiBter  and  Receiyer  of  the  I^uid  Office  at 
Iowa  Citj,  ^^  withhold  from  sale  all  lands  situated  in  the  odd- 
nnmbered  sections  within  fi^e  miles  on  each  side  of  the  Des  Moines 
Biver  above  the  Baccoon  Forks,"  and  '^enclosed  a  diagram  upon 
which  the  State  selections  above  that  point  were  colored  yellow." 
The  diagram  extended  to  88  N.  26  W.  as  far  as  the  surveys  had 
then  progressed  in  that  direction. 

On  Ais  19th  December,  1849,  the  Commissioner  of  the  General 
Land  office  wrote  the  Board  of  Public  Works,  in  answer  to  its 
request  ^%r  lists  of  lands  of  the  Des  Moines  Biver  grant  above  the 
Baocoon  Forks,"  saying  '^that  the  lists  had  not  been  furnished,  for 
th»  reason  that  the  posting  of  the  land  warrants  in  the  Iowa  City 
district  was  not  completed  in  his  office  nntil  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  Biver  grant,  above  the  Baccoon  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  CommiBsioner  of  the  General 
Land  office,  reversed  the  decision  of  Secretary  Walker  of  March 
3d,  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- 


BBGISTER  OF  THS  6TATB  LAND  OFFICB.  19 

Crittenden,)  who  on  the  30th  June,  1851,  decided  that  in  his 
opinion  the  grant  did  not  extend  above  the  Baoooon  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  Com- 
missioner 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  tke 
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  Bee 
Moines  River,  as  far  as  the  surveys  have  extended,  under  the  decis- 
ion 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  limit- 
ing 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: 

DBPARTMlfiNT  OP  THE  INTERIOR, ) 

OcTOBBB  80th,  1861.     S 

"The  selections  embraced  in  the  within  list  (No.  8,)  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  selec- 
tions 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 


20  REPORT  OF  THB 

OflSce,  communicating  the  decision  of  Mr.  Secretary  Walker,  to 
the  eflfect  that  the  grant  extended  above  the  Kaccoon  Fork." 

Alex.  H.  H.  Stitabt,  Sec'y. 

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

By  Secretary  Stuart,  Oct.  80,  1851, 81,707,93 

March  10, 1862, 143,908,37 

By  Secretary  McClellan,  Dec.  17,  1853, 33,142,43 

Dec.  30,  1853, 12,813,51 

Acres, 271,672,24 

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,  felling  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  Secre- 
tary of  the  Interior  of  the  29th  of  October,  1851,  whidi  have  not 
been  heretofore  approved." 

This  list  was  approved  in  these  words : 

DEPARTMENT  OP  THE  INTERIOR, ) 

DsoBiCBBB  17th,  1853.      f 

"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.  MoClellajn,  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  Rac- 
coon Fork,  which  had  been  made  prior  to  the  receipt  of  Mr.  Seo^ 
retary  Walker's  decision  of  the  2d  of  March,  1849,  by  the  District 
Land  Office. 

On  the  6th  of  January,  1864,  the  CommiBsioner  of  the  General 
Land  Office  wrote  the  Superintendent  of  Public  Instruction  of  the 
State  of  Iowa,  as  follows : 

GENERAL  LAND  OFFICE, ) 
Jakuabt  6th,  1854      J 

"^r; — 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 


REGISTER  OF  THE  STATS  LAND  OFFICE.        21 

the  State  under  the  act  of  September  4th,  1841,  and  approved  be- 
fore the  grant  for  the  improvement  of  the  Des  Moines  Siver  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  12,818,61  acres.  These  lands  were  selected  on  the  20th  of 
July,  1850,  and  embraced  by  lists  Kos.  49  to  54,  inclusive,  and  in 
lieu  thereof  the  State  is  entitled  to  select  an  equal  quantity  else- 
where. Be  pleased  to  acknowledge  the  receipt  of  this  communi- 
cation. I  am,  your  ob't.  serv't., 

JOHN  WILSON,  Com'r. 
Thomas  H.  Benton,  Jb.,  Esq. 

The  above  lands,  12,818,51  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  odora  theBae- 
coon  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  Im- 
provement 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  ap- 
proved at  nearly  a  million  of  acres  as  available  for  the  future  pros- 
ecution of  the  work  of  the  improvement.  They  state  the  indebt- 
edness then  existing  against  the  Des  Moines  River  Fund,  to  be 
about  $108,000 — ^and  estimate  the  work  to  be  done  to  amount  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  XJrirfi  Biggs  of  Wapello 
county,  Assistant  Commissioners,  with  authority  to  make  a  con- 


22  REPORT  OF  THB 

tract,  selling  the  lands  of  the  Improyement  for  $1,800,000,  and,  if 
necessary,  to  sell  water-rents,  toUB,  &c. 

Accordingly  on  the  9th  June,  1854,  the  Commissioner,  and  As- 
sistant Commissioner,  made  a  contract  with  the  Des  Moine  Naviga- 
tion and  Bail  Boad  Company,  agreeing  to  sell  aU  the  lands  donar 
ted  to  the  State  by  Act  of  Congress  of  Angnst  8th,  1846,  which 
the  State  had  not  sold  prior  to  December  28d,  18S8,  for  $1,300,000, 
to  be  expended  on  the  improvement  of  the  River,  and  in  paying 
tiie  indebtedness  then  due. 

This  contract  was  duly  reported  to  the  Governor  and  General 
Assembly,  and  may  be  found  in  the  Appendix  to  the  House  Jour- 
nal, 1856. 

By  act  fipproved  January  25,  1855,  the  General  Assembly  au- 
thorizes the  Commissioner  and  Register  of  the  Des  Moines  River 
Improvement,  to  negotiate  with  the  Des  Moines  Navigation  and  Bail 
Boad  Company,  for  the  purchase  of  lands  in  Wid^ster  (XAmby  which 
had  been  sold  by  the  School  Fund  Commissioner  as  School  Lands, 
but  which  had  been  certified  to  the  State  as  Des  Moines  Biver 
Lands,  and  had  become  the  property  of  the  Company,  under  the 
provisions  of  its  contract  with  the  State. 

On  the  21  st  March,  1856,  the  Commissioner  of  the  General 
Land  Office  decided  that  the  Des  Moines  Biver  Grant  was  limited 
to  the  Baccoon  Fork.  The  matter  was  then  brought  anew  before 
the  Secretary  of  the  Interior,  and  was  by  him  referred  to  the  At- 
torney General. 

The  Attorney  General  (Mr.  Cushing)  delivered  an  elaborate 
opinion,  which  may  be  found  in  the  appendix  to  the  Iowa  Senate 
Journal,  1857 — ^p  108.  In  the  course  of  this  opinion,  Mr.  Cushing 
says  :  "  In  so  far  as  regards  selections  already  approved,  whether 
by  yourself  or  by  Mt.  Cushing,  it  is  clear  that  the  Government 
cannot  undo  that.  What  Mr.  Stuart  did  in  this  respect  with  de- 
liberation, what  you  did,  without  the  questions  involved  being 
suggested  to  you,  was,  in  each  case,  done  by  competent  legal 
authority  and  binds  the  Gbvemment.  One  Secretary  has  no  more 
lawful  power  to  undo  a  thing  lawfully  done  by  his  predecessors  in 
a  matter  of  grant,  than  in  a  matter  of  account ;  no  more  right 
where  a  settlement  is  in  favor  of  a  third  party  than  where  it  is  in 
fevor  of  the  United  States.  When  a  thing  is  decided  and  done  by 
the  head  of  a  Department,  acting  within  the  scope  of  his  lawful 


BEGISTER  OF  THS  BTATB  LAND  OFFIOB.  28 

anthority,  it  can  be  reviBed  by  his  suocessor  only  oa  the  ground  of 
mistake  in  a  matter  of  &ct,  or  the  discovery  and  production  of  ma- 
terial new  testimony. 

^^If  the  acta  of  Mr.  Stuart  and  yourself  in  this  respect  had  un- 
dertaken (as  they  do  not)  to  dispose  of  contending  rights  of  third 
parties,  the  latter  would  have  had  their  remedy  at  law.  But  what 
you  have  done  is  final,  as  respects  the  United  States.  But  have 
you  erred  in  continuing  to  follow  the  line  of  action  which  your 
predecessor  had  prescribed,  and  which  the  Commisioner  of  Public 
Lands  assumed  as  settled,  in  presenting  to  you  for  approval,  lists 
made  out  on  the  premises  of  the  subsisting  decisions  of  Mr* 
Stuart  ?  And  if  you  erred  (inadvertently)  in  thus  approving  so* 
lections  made  by  the  State  above  the  Raccoon  Fork,  sh^  you  now 
stop  and  change  the  rule  of  action  which  Mr.  Stuart  has  prescribed 
to  the  Commissioner  ?  The  answer  to  these  questions  is  not  inclu- 
ded in  the  preceding  conclusions.  It  is  one  thing  to  undo  an  act 
done,  and  quite  another  thing  to  cease  to  persevere  in  a  previous 
line  of  action  as  to  acts  of  a  continuous  nature. 

"  It  might,  with  much  plausibility  be  argued  that  while  Mr. 
Walker's  order  was  an  opinion  merely,  and  did  not  bind  Mr.  Ewing, 
so,  what  Mr.  Stuart  did,  though  final  as  to  lands  actually  approved, 
was  but  a  precedent  when  a  new  list  comes  up,  and  may  be  rejected 
by  you  as  a  precedent,  though  it  cannot  be  reversed  or  annulled  as 
an  act ;  that  the  disposition  of  the  particular  lands  made  by  him  is 
irrevocable,  but  the  principle  on  which  he  did  it  is  open  to  re-exam- 
ination, as  respects  any  other  lands  in  the  same  right  claimed  by 
the  State,  and  that  in  executing  the  same  law,  you  are  to  execute  it 
according  to  your  own  understanding  of  its  force  and  effect.  That 
may  be  so ;  and  yet  the  contingency  is  not  exactly  of  the  applica- 
tion of  a  precedent  to  a  new  case,  for  the  grant  of  Iowa  is  one 
tiling,  although  it  be  composed  of  parts,  or  of  new  sets  of  parcels 
appertaining  to  the  general  whole.  Mr.  Stuart  decided  to  adopt 
the  opinion  of  Mr.  Walker,  which  carried  the  grant  above  the 
Raccoon  Fork  ;  and  he  proceeded  to  execute,  and  did  execute,  that 
decision  in  part.  And  the  true  question  is  of  the  completion  of 
che  execution  by  you  of  what  had  been  partially  executed  by  Mr. 
Stuart  I  think  it  must  be  a  clear  case  of  manifest  illegality  in  the 
work  conamenced  and  half  executed  by  one  Secretary,  to  justify 
the  abandonment  of  it  by  his  successor.    Is  the  present  such  a  case 


24 


BfiPORT  OP  THB 


of  palpable  violation  of  law  i  That  cannot  be  pretended  in  the 
face  of  the  opinions  of  Mr.  Walker  and  Mr.  Johnson,  and  the  ad- 
ministrative acquiescence  in  those  opinions  on  the  part  of  Mr* 
Btaart.  In  my  jndgn^ent  it  is  not  tor  the  good  of  the  public  ser- 
vice, while  it  is  prejudicial,  and  sometimes  grocely  unjust,  to  pri- 
vate interests  concerned,  for  the  executive  to  break  off  things  half 
done  because  of  mere  doubts  of  the  legality  of  the  decisions  upon 
which  commencement  was  made,  or  even  the  belief  that,  upon  bet- 
ter reflection  at  the  onset,  a -different  decision  would  have  been 
rendered.  To  indulge  in  such  osdlliation  of  action,  under  the  in- 
fluence of  ordinary  causes  of  perturbation,  is  not  seemly  on  the 
part  of  the  Government." 

^In  the  present  case,  of  lands  above  the  Baocoon  Fork  claima- 
ble by  the  State,  within  its  limits,  twenty-six  flfty-sixth  parts — 
nearly  half — ^the  United  States  have  already  recognized  as  belong- 
ing to  the  State.  I  think  you  may,  if  you  choose,  well  consider 
that  a  determination  of  the  question  proper  to  be  acquiesced  in  by 
you,  as  a  settled  fact  of  administration*"  *****. 

"I  advise,  therefore,  that  you  propose  to  the  State  of  Iowa,  and 
its  assigns,  to  acquiesce  in  and  accept  the  decision  of  Mr.  Stuart 
as  final,  and  to  approve  selections  accordingly,  provided  the  State, 
or  its  assigns,  will  themselves  agree  to  acquiesce  in  and  accept  that 
decision  as  final.  If  they  refuse  to  treat  that  decision  as  final,  they 
cannot  expect  you  to  do  so.  They  should  be  bound  if  you  are.  If 
they  consent  to  enter  into  satisfactory  stipulations  of  contract  to 
that  effect,  you  can,  with  safety,  award  to  them  the  residue  of  the 
claim,  up  to  the  northern  boundary  of  the  State," 

The  Secretary  of  the  Interior,  (Mr.  R.  McClelland,)  in  a  letter  to 
the  Commissioner  of  the  General  Land  Office,  under  date  of  the 
9th  June,  1856,  said  he  had  concluded  to  be  governed  by  the  advise 
of  the  Attorney  General,  and  would  approve  the  lists  containing 
the  lands  as  £bu*  as  the  northern  boundary  of  the  State,  but  directed 
the  lists  to  be  withheld  until  the  contract  suggested  by  the  Attor- 
ney General,  relinquishing  all  claims  to  lands  in  Minnesota,  was 
filed  by  the  State  and  its  assigns. 

The  assignees  of  the  State,  the  Des  Moines  Navigation  &  Railroad 
Company,  filed  its  relinquishment,  but  the  Agent  of  the  State,  the 
Commissioner  of  the  Des  Moines  River  Improvement,  (Mr.  Man- 
ning,) declined  for  want  of  authority. 


REGISTER  OF  THE  STATE  LAND  OFFICE.  25 

The  lands  which  had  been  certified,  as  well  as  those  extending  to 
the  northern  boundary,  within  the  limits  of  the  grant,  were  reserved 
by  the  General  Land  Office  from  sale  and  pre-emption,  for  the  pur- 
pose of  satisfying  the  grant  of  August  8th,  1846,  and  were  consid- 
ered as  having  passed  to  the  State. 

The  State  proceeded,  from  time  to  time,  to  sell  and  dispose  of 
the  lands,  applying  the  proceeds  to  the  improvement  of  the  river, 
and  prior  to  the  making  of  the  contract  with  the  Des  Moines  Navigar 
tion  &  Railroad  Company,  on  the  9th  June,  1854,  the  State  had 
sold  about  327,000  acres  of  land,  of  which  amount  58,830  acres 
were  located  dbove  the  Raccoon  Fork. 

The  money  derived  from  the  sale  of  the  lands  was  the  only  fiind 
provided  for  carrying  on  the  improvement  of  the  river.  The  suc- 
cessful prosecution,  and  final  completeness  of  the  works,  depended 
entirely  on  the  lands  of  the  grant.  The  State  sold  the  lands,  and 
applied  the  proceeds  according  to  the  provisions  of  the  donating 
act,  and  in  this  way  paid  the  United  States  for  them. 

Subsequent  to  June  9th,  1854,  the  Des  Moines  Navigation  &  Rail 
Road  Company  carried  on  the  work  under  their  contract  with  the 
State.  As  the  improvement  progressed,  the  State,  from  time  to 
time,  by  its  authorized  officers,  issued  to  the  Company,  in  payment 
for  said  work,  certificates  for  lands.  These  certificates  were  in  the 
usual  form  of  certificates  issued  for  entries  of  public  lands.  The 
first  one,  dated  May  14,  1855,  certified  88,853.10  acres.  The  sec- 
ond, dated  May  6,  1856,  certified  116,636.54  acres.  Together, 
205,489.73  acres,  and  all  located  alx/ve  the  Raccoon  Fork,  excepting 
about  50,000  acres. 

The  General  Land  Oflice  having  ceased  to  certify  lands  under 
the  act  of  August  8th,  1846 — the  last  certificates  bearing  date  17th 
and  30th  of  December,  1853 — and  there  being  no  other  provision 
for  paying  for  the  improvement,  and  matters  of  disagreement  and 
misunderstanding  having  arisen  between  the  D.  M.  N.  &  R.  R. 
Co.  and  the  State,  the  General  Assembly,  for  the  purpose  of  mak- 
ing a  final  settlement  with  said  Company,  on  the  22d  March,  1858, 
passed  the  following  Joint  Resolution: 

^^ Joint  Hesolution  containing  propositions  for  a  settlement  wiih 
the  Des  Momes  Namgation  a/nd  Railroad  Compa/ny, 

''  "Whereas,  The  Des  Moines  N"avigation  and  Rail  Road  Company 
have  heretofore  claimed,  and  do  now  claim,  to  have  entered  into 
4 


26  REPORT  OF  THfi 

certain  contracts  with  the  State  of  Iowa  by  its  officers  and  agents 
concerning  the  improvement  of  the  Des  Moines  Biver  in  the  State 
of  Iowa,  and  Whebeab,  disagreements  and  misunderstandings  have 
arisen,  and  do  now  exist  between  the  State  of  Iowa  and  said  Com- 
pany, an'd  it  being  conceived  to  be  to  the  interests  of  all  parties 
concerned,  to  have  said  matters  and  all  matters  and  things  between 
said  Company  and  the  State  of  Iowa  settled  and  acfjusted,  now 
therefore,  Be  it  resoh)€d  by  the  General  Aa&embly  qf  the  State  qf 
lowa^  That  for  the  purpose  of  such  settlement,  and  for  that  pur- 
pose only,  the  following  propositions  are  made  by  the  State  to  said 
Company :  That  the  said  Company  shall  execute  to  the  State  of 
Iowa,  fiill  releases  and  discharges  of  all  contracts,  agreements  and 
claims  with,  or  against  the  State,  including  rights  to  water  rents 
which  may  have  heretofore  or  do  now  exist,  and  all  claims  of  all 
kinds  against  the  State  of  Iowa  and  the  lands  connected  with  the 
Des  Moines  River  Improvement,  excepting  such  as  are  hereby  by 
the  State  secured  to  the  said  Company,  and  also  surrender  to  said 
State  the  Dredge  Boat  and  its  appurtenances,  belonging  to  said 
improvement;  and  the  State  of  Iowa  shall  by  its  proper  officer, 
certify  and  convey  to  the  said  Company  all  lands  granted  by  an 
act  of  Congress,  approved  August  8th,  1846,  to  the  then  Territory 
of  Iowa,  to  aid  in  the  improvement  of  the  Des  Moines  River, 
which  have  been  approved  and  certified  to  the  State  of  Iowa  by 
the  General  Government,  saving  and  excepting  all  lands  sold  or 
conveyed  or  agreed  to  be  sold  or  conveyed  by  the  State  of  Iowa 
by  its  officers  and  agents,  prior  to  the  23d  day  of  December,  1853, 
under  said  grant,  and  said  Company  or  its  assignees  shall  have 
right  to  all  of  said  lands  so  herein  granted  to  them  as  fully  as  the 
State  of  Iowa  could  have,  under  or  by  virtue  of  said  grant,  or  in 
any  manner  whatever,  with  full  power  to  settle  all  errors,  false 
locations,  omissions  or  claims  in  reference  to  the  same,  and  all  pay 
or  compensation  therefor  by  the  General  Government,  but  at  the 
cost  and  charges  of  said  Company,  and  the  State  to  hold  all  the 
balaTice  of  aaid  lands,  and  all  rights,  powers  and  privileges  under 
and  by  virtue  of  said  grant,  entirely  released  from  any  claim  by  or 
through  said  Company,  and  it  is  understood  that  among  the  landfi 
excepted  and  not  granted  by  the  State  to  said  Company  are 
26,487.87  acres  lying  immediately  above  Raccoon  Forks,  sup- 
posed to  have  been  sold  by  the  General  Government,  but  claimed 
by  the  State  of  Iowa,  and  it  is  further  agreed  that  said  Company 


REGI8TER  OF  THE  STATS  LAND  OFFICE.  27 

release  and  convey  to  the  State  of  Iowa,  or  its  representatives,  all 
materials  of  every  kind  and  description,  prepared  for,  or  intended 
for  the  ci>nstniction  of  locks  or  dams  in  said  improvement,  where- 
soever the  same  may  be,  and  the  State  shall  take  the  existing  con- 
tracts, bnt  no  other  liabilities  of  any  name  or  nature  excepting  as 
herein  provided  for,  constracting  or  repairing  the  works  on  said 
improvement  at  Keosauqna,  Bentonsport,  Plymouth  and  Croton,  and 
no  other  or  different,  with  all  liabilities  and  advantages  arising 
upon  said  contracts  and  per  centage  retained  thereon,  excepting 
that  the  Company  shall  pay  all  estimates  for  work  done  or  Biaterial 
prepared  up  to  this  date,  beyond  the  per  oentage  retained  from  the 
contractors  under  their  agreements,  and  the  said  Company  shall  be 
discharged  irom  all  claims  against  the  State  or  the  said  improve- 
ment or  any  of  its  officers  or  agents  arising  from  or  growing  out  of 
any  agreement  or  liability  prior  to  the  9th  day  of  June,  1854,  and 
said  Company  shall  be  discharged  from  all  liability  for  the  claims 
of  the  officers  of  the  State  for  services  or  salaries.  The  said  Com- 
pany hereby  agree  to  pay  the  State  the  sum  of  twenty  thousand 
dollars,  which  sum  shall  be  paid  to  the  order  of  the  Commissioner 
of  the  Des  Moines  Kiver  Improvement,  as  fast  as  he  may  require 
the  same  to  liquidate  existing  liabilities  against  said  Des  Moines 
River  Improvement,  on  thirty  days'  notice  given  to  said  Company 
at  their  office  in  the  city  of  New  York,  and  any  bonds  or  certifi- 
cates of  indebtedness  against  said  improvement  not  exceeding  in 
amount  the  sum  of  eleven  thousand  dollars,  which  are  now  due 
and  unpaid,  are  to  be  received  in  part  payment  of  said  sum  of 
twenty  thousand  dollars,  Provided^  that  no  liabilities  assumed  by 
the  State  in  this  contract  shall  be  a  charge  against  the  State  in  her 
sovereign  capacity,  but  all  such  liabilities,  if  any,  shall  be  chargeable 
upon  and  payable  out  of  the  remaining  lands  belonging  to  the  Dee 
Moines  River  Grant,  and  provided  also,  that  if  Congress  shall 
permit  a  diversion  of  the  lands  of  said  Des  Moines  River  Grant, 
or  the  title  thereto  shall  become  vested  in  the  State,  so  as  to  become 
subject  to  grant,  the  said  remaining  lands,  after  the  payment  of  all 
the  liabilities  as  aforesaid,  against  said  improvement  and  the  com- 
pletion of  such  locks  and  dams  in  the  Des  Moines  River  as  the 
Legislature  shall  direct,  shall  be  granted  to  the  Keokuk,  Fort  Des 
Moines  and  Minnesota  Rail  Road  Company,  to  aid  in  the  con- 
struction of  a  Rail  Road,  up  and  along  the  Valley  of  the  Des 


28  REPORT  OF  THB 

Moines  Hiver,  upon  Buch  terms,  and  in  such  manner  as  the  Legis* 
lature  may  provide,  one-fourth  of  which  said  lands  shall  be  applied 
by  said  Company  to  aid  in  the  construction  of  said  road  above  the 
city  of  Des  Moines^  and  provided  fiirther,  that  if  the  Des  Moines 
Navigation  and  Bail  Boad  Company  shall  ratify  and  accept  these 
propositions  for  a  contract  by  filing  a  written  acceptance  thereof  in 
the  office  of  the  Secretary  of  State  within  sixty  days  from  the  pas^ 
sage  of  this  Joint  Kesolntion,  then  this  contract  shall  be  in  force 
and  bind  both  of  the  parties  thereto. 

Approved  March  22d5  1868. 

The  Des  Moines  Navigation  and  Railroad  Company  ratified  and 
accepted  the  above  propositions,  within  the  time  and  in  the  man- 
ner specified.  The  Company  paid  the  State  $20,000  in  cash,  and 
released  and  conveyed  to  the  State  the  Dredge  Boat  and  materials 
in  the  resolution  named,  and  the  State  on  the  8d  day  of  May,  1868, 
executed  to  the  D.  M.  N.  &  B.  B.  Co.,  fourteen  deeds  or  patents  in 
the  following  form,  to-wit : 

"This  Indenture,  made  the  third  day  of  May,  one  thousand  eight 
hundred  and  fifty-eight,  by  and  between  the  State  of  Iowa,  party 
of  the  first  part,  and  the  Des  Moines  Navigation  &  Railroad  Com- 
pany, parties  of  the  second  part,  Witnesseth,  that  the  party  of  the 
first  part,  for,  and  in  consideration  of  one  dollar,  paid  by  the  parties 
of  the  second  part,  and  in  pursuance  of  the  contracts  and  agree- 
ments between  the  State  of  Iowa  and  the  said  Des  Moines  Navi- 
gation &  Railroad  Company,  for  the  improvement  of  the  naviga- 
tion of  the  Des  Moines  Biver,  in  the  State  of  Iowa,  does  hereby 
sell,  grant,  bargain  and  convey  to  the  said  Des  Moines  Navigation 
&  Railroad  Company,  the  following  referred  to  and  described 
lands,  to-wit:  &c.  To  have  and  to  hold  the  above  described  lands 
and  each  and  every  parcel  thereof,  with  all  the  rights,  privileges, 
immunities  and  appurtenances  of  whatever  nature  thereunto  be- 
longing or  appertaining,  unto  the  said  Des  Moines  Navigation  & 

Railroad  Company,  their  successors  and  assignees,  forever  in  fee 
simple. 

'-*-*— ^  In  tesUmoiiy  whereof,  I,  Ralph  P.  Lowe,  Qovemor  of  the  State  of 
•(  L  S  I  ^^^^>  ^^^^  caused  the  Great  Seal  of  the  State  of  Iowa  to  be  hereunto 
}  '  )  affixed. 

^•'''v*-^       Given  under  my  hand  at  the  City  of  Des  Moines,  the  day  and  year 
first  above  written,  and  of  the  State  of  Iowa  the  12th  year. 

By  the  Governor,  RALPH  P.  LOWE. 

Eluah  Srllb,  Secretary  of  Sute. 


BBGI8TER  OP  THIS  8TA.TE  LAND  OFFICE.  29^ 

This  is  to  certify  that  the  foregoing  deed  was  received  fh>m  the  GoTCmor  Jane 

10th,  1858,  and  recorded  in  Des  Moines  River  Records,  Book  A,  Pages ,  June 

18th,  1856. 

T.  a  PARYIN,  Register  Sute  Land  Office. 

By  D.  8.  Wabbkn,  Deputy. 

All  together,  conveying  to  said  Company  256,703.74  acres,  and 
describing  the  same  by  section,  town  and  range. 

These  deeds  cover,  or  at  least  were  intended  to  convey,  all  the 
lands  of  this  grant  certified  to  the  State  by  the  General  Govern- 
ment, not  previously  sold. 

And,  as  if  for  the  purpose  of  covering  any  tracts  or  parcels  that 
might  have  been  overlooked  or  omitted  in  said  deeds,  the  State,  on 
the  18th  of  May,  1868,  executed  the  following  conveyance,  to-wit: 

"This  Indenture,  made  this  18th  day  of  May,  1868,  by  and  be- 
tween the  State  of  Iowa,  party  of  the  first  part,  and  the  Des  Moines 
Navigation  and  Rail  Road  Company,  parties  of  the  second  part, 
witnesseth:    That  the  said  party  of  the  first  part,  for  and  in  con- 
sideration of  one  dollar  paid  by  the  parties  of  the  second  part,  and 
in  pursuance  of  the  contracts  and  agreements  between  the  State  of 
Iowa  and  the  Des  Moines  Navigation  and  Rail  Road  Company, 
for  the  improvement  of  the  navigation  of  the  Des  Moines  River 
in  the  State  of  Iowa;  and  in  pursuance  of  a  joint  resolution  of  the 
General  Assembly  of  the  State  of  Iowa,  approved  the  22d  day  of 
March,  1858,  does  hereby  sell,  grant,  bargain,  and  convey  to  the 
said  Des  Moines  Navigation  &  Railroad  Company,  the  following 
described  lands,  to-wit:    All  lands  granted  by  an  Act  of  Congress, 
approved  August  8th,  1846,  to  the  then  Territory  of  Iowa,  to  aid 
in  the  improvement  of  the  Des  Moines  River,  which  have  been 
approved  and  certified  to  the  State  of  Iowa  by  the  General  Gov- 
ernment, saving  and  excepting  all  lands  sold  or  conveyed,  or  agreed 
to  be  sold  or  conveyed  by  the  State  of  Iowa,  by  its  ofiicers  and 
agents,  jwior  to  the  23d  day  of  December,  1863,  under  said  grant, 
and  said  Company,  or  its  assigns,  shall  have  right  to  all  of  said 
lands  so  herein  granted  to  them,  as  fully  as  the  State  of  Iowa  could 
have,  under  or  by  virtue  of  said  grant,  or  in  any  manner  whatever, 
with  full  power  to  settle  all  errors,  false  locations,  omissions,  or 
claims  in  reference  to  the  same,  and  all  pay  or  compensation  there- 
for, by  the  General  Government,  but  at  the  costs  and  charges  of 
said  Company ;  and  the  State  to  hold  all  the  balance  of  said  lands, 
and  all  rights,  powers  and  privileges,  under  and  by  virtue  of  said 
grant,  entirely  released  from  any  claim  by  or  through  said  Com- 


go  BXPORT  OF  THB 

pany.  And  it  is  nndersood  that,  axncmg  the  lands  excepted  and 
not  granted  by  the  State  to  said  Company,  are  25,487.87  acrea, 
lying  immediately  above  the  Raccoon  Fork,  supposed  to  have  been 
sold  by  the  General  Government,  bnt  claimed  by  the  State  of  Iowa. 
To  have  and  to  hold  the  above  described  lands,  and  each  and  every 
parcel  thereof,  with  all  the  rights,  privileges,  immunities  and  appur- 
tenances of  whatever  nature  thereunto  belonging  or  appertaining, 
unto  the  Des  Moines  Navigation  &  Railroad  Company,  their  suc- 
cessors and  assigns  forever  in  fee  simple, 

.-w^^  *•  In  testimony  whereof,  I,  Ralph  P.  Lowe,  Governor  of  the  State 
(  .  a  )  of  Iowa,  have  caused  the  Great  Seal  of  the  State  of  Iowa  to  be  here- 
}  ^  °'  .\  unto  affixed. 

— , — ^  Given  under  my  hand,  at  the  City  of  Des  Moines,  the  day  and  year 
first  above  written,  and  of  the  State  of  Iowa  the  12th  year. 

By  the  Governor.  RA.LPU  P.  LOWJfi. 

Eluah  Sells,  Secretary  of  State. 

'*  This  is  to  certify  that  the  foregoing  deed  was  received  from  the  Governor 
June  10th,  1858,  and  recorded  in  Des  Moines  River  Records,  Book  **  A,"  pages  45 
and  46,  June  18, 185a 

T.  S.  PARVUS,  Register  State  Land  Office. 

By  D.  8.  Warben,  Deputy.** 

These  deeds,  fifteen  in  all,  convey,  it  is  claimed  by  the  D.  M.  N. 
&  R.  li.  Co.,  266,108  acres,  of  which  about  53,367  are  bdow  the 
Kaccoon  Fork,  and  the  balance,  212,741  acres,  ab(we  the  Raccoon 
Fork. 

In  addition  to  the  212,741  acres,  thus  deeded  to  the  D.  M.  N.  & 
R.  K  Co.,  the  State  has  sold  and  deeded  to  individual  purchasers 
above  the  Raccoon  Fork,  58,880  acres,  making  in  all  deeded  above 
said  Fork,  271,571  acres;  all  of  which  had  been  certified  and 
^)proved  to  the  State  by  the  G^xeral  Government  as  Des  Moines 
River  Lands. 

In  pursuance  of  the  act  of  the  General  Assembly,  approved 
March  28d,  1858,  patents  have  been  issued  for  all  Des  Moines  River 
Lands  purohased  of  the  State  prior  to  June  9£h,  1854,  and  all  duly 
recorded  in  this  office.  A  part  of  them  have  been  delivered,  and 
the  balance  are  ready  for  delivery,  upon  the  surrendering  up  of  the 
proper  certificates. 

The  General  Assembly  donated  the  remainder  of  this  grant  to 
the  Keokuk,  Fort  Des  Moines  and  Minnesota  Rail  Road  Com- 
pany by  the  passage  of  the  following  act,  which  was  approved 
March  22,  1858,  to-wit : 


RBOISTER  OF  THE  STATB  LAND  OFFICB.  ftl 

'An  Act  disposing  of  As  Grant  of  Land  mads  by  an  Act  of  Oongrsss  granting 
land  to  the  Territory  of  Iowa  to  aid  in  Uie  improTement  of  the  nayigation  of 
the  Des  Moines  Rirer.'* 

Sectkot  1.  JBei^  enacted  hy  the  Oeneral  AwenMy  of  the  State 
of  lowa^  That  all  the  lands  granted  to  the  then  Territory  of  Iowa 
by  an  Act  of  Congress,  approved  Angust  eighth,  eighteen  hundred 
and  forty-six,  entitled  an  Act  granting  lands  to  the  Territory  of 
Iowa,  to  aid  in  the  improvement  of  the  navigation  of  the  Des 
Moines  River,  in  said  Territory,  and  all  lands  and  compensation 
which  may  be  given  in  extension  or  in  lien  of  any  portion  thereof 
by  the  General  Government,  and  also  all  stone,  timber  and  other 
material  turned  over  to  the  State  by  the  Des  Moines  Navigation 
and  Bailroad  Company  in  settlement  with  the  State  of  Iowa,  be 
and  the  same  are  hereby  disposed  of  and  granted  to  the  Keokuk, 
Ft  Des  Moines  and  Minnesota  Bailroad  Company,  a  body  corpo- 
rate created  and  existing  under  the  laws  of  the  State  of  Iowa,  to 
aid  in  the  construction  of  a  Railroad  ^om  the  city  of  Keokuk,  at 
the  mouth  of  the  Des  Moines  river,  up  aud  along  the  valley  of  said 
river  by  way  of  the  city  of  Des  Moines,  to  the  northern  line  of  the 
State,  in  the  direction  of  the  southern  bend  of  the  Minnesota  or 
St.  Peters  river,  excepting  all  the  land  belonging  to  said  grant 
heretofore  sold  by  the  State  of  Iowa,  or  which  may  hereafter  be 
conveyed  to  the  Des  Moines  Navigation  and  Railroad  Company 
by  virtue  of  a  settlement  now  pending  between  the  State  and  said 
Company,  and  also  so  much  oi  the  said  timber,  stone  and  other 
material  as  may  be  used  in  the  completion  of  the  Locks  and  Dams 
at  Croton,  Plymouth,  Bentonsport  and  Keosauqua ;  this  grant  to 
become  operative  as  soon  as  Congress  shall  assent  to  or  permit  a 
diversion  or  the  title  thereto  shall  become  vested  in  the  State  so  as 
to  be  subject  to  grant. 

Seg.  2.  That  the  Keokuk,  Ft.  Des  Moines  and  Minnesota  Rail- 
road Company,  shall  pay  all  liabilities  against  said  Des  Moines 
River  Improvement,  and  against  the  State  of  Iowa,  growing  out  of 
said  improvement,  whether  by  contracts  between  the  State  and 
other  parties,  or  between  the  Des  Moines  Navigation  and  Railroad 
Company  and  other  parties,  or  between  any  parties  whatever 
which  have  been  assumed  by  the  State  in  consequence  of  the  pro- 
posed settlement  with  the  Des  Moines  Navigation  and  Railroad 
Company,  as  contained  in  the  joint  resolution  passed  at  the  present 
session  of  the  General  Assemby;  and  said  Company  shall  also 


82  KBPORfT  OF  THB 

complete  the  Locks  and  Dams  at  Croton,  Plymouth,  Bentonsport 
and  Keosauqua,  and  fifty  thousand  acres  of  the  lands  which  may 
hereafter  be  certified  by  the  General  Government  to  the  State  of 
Iowa,  shall  be  set  apart  by  the  Register  of  the  State  Land  OflSce, 
which  said  lands  shall  be  held  for  the  pxurpose  of  securing  the  pay- 
ment of  said  liabilities  and  the  completion  of  said  Locks  and  Dams, 
and  that  whenever  said  Company  shall  pay  thirty  thousand  dollars 
of  said  liabilities  properly  audited  and  allowed  by  the  Register  of 
the  State  Land  Office,  or  shall  do  thirty  thousand  dollars'  worth  of 
work  oil  said  Locks  and  Dams,  to  be  certified  and  allowed  by  an 
engineer  to  be  apointed  by  the  Governor  to  superintend  said 
works,  that  then  the  Register  of  the  State  Land  Office  shall  issue 
to  said  Company  a  certificate  for  ten  thousand  acres  of  said  lands 
so  set  apart,  for  every  thirty  thousand  dollars  so  paid  or  expended 
until  said  liabilities  are  paid,  and  said  Locks  and  Dams  are  com- 
pleted, and  if  any  of  said  fifty  thousand  acres  of  land  shall  remain 
after  the  payment  of  said  liabilities  and  the  completion  of  said 
Locks  and  Dams,  it  shall  be  certified  to  said  Railroad  Company  in 
the  same  manner  provided  in  this  act ;  Provided^  That  if  the  pro- 
ceeds of  said  fifty  thousand  acres  of  land  shall  at  any  time  be 
found  insufficient  to  discharge  existing  contracts  for  constructing  or 
repairing  the  works  at  Keosauqua,  Bentonsport,  Plymouth  and 
Croton,  and  in  all  respects  preserve  the  State  harmless  on  account 
of  any  liabilities  now  existing  against  the  State,  or  that  have  been 
assumed  by  the  proposed  settlement  with  the  Des  Moines  Naviga- 
tion and  Railroad  Company,  or  arising  in  any  manner  from  the 
past  improvement  of  the  Des  Moines  river,  or  the  payment  of  the 
officers  or  agents  employed  in  and  about  said  improvement,  then 
the  said  Keokuk,  Ft.  Des  Moines  and  Minnesota  Railroad  Com- 
pany shall  be  liable  to  pay  the  State  the  amount  of  such  deficiency. 
Sko.  3.  Whenerer  the  l^esident  and  Chief  Engineer  of  said 
Railroad  Company  shall  certify  under  oath  to  the  Register  of  the 
State  Land  Office  that  twenty  miles  of  said  Railroad  in  a  continu- 
ous line  from  the  town  of  Bentonsport  up  the  valley  of  tlie  Des 
Moines  river  have  been  completed  and  the  cars  running  thereon, 
the  Register  shall  issue  to  saii  Company  a  certificate  for  one  hun- 
dred and  twenty  sections  of  land,  to  be  taken  as  nearly  as  practic- 
able in  a  body  from  the  remaining  lands  nearest  to  the  completed 
part  of  said  Railroad,  and  the  Governor  shall  upon  presentation  of 


REGISTER  OP  THE  STATE  LAND  OFFICE.  gg 

said  certificate  issued  to  said  Oompany  a  patent  for  said  lands,  and 
so  from  time  to  time  as  twenty  miles  are  completed  until  three- 
fourths  of  said  lands  are  exhausted  ;  Promdedy  That  the  lands 
hereby  granted  and  so  certified  to  said  Company  shall  be  exclu- 
sively applied  in  extending  the  construction  of  said  Bailroad  in  a 
continuous  line  above  Bentonsport,  and  shall  be  applied  to  no  other 
purpose  whatever  ;  and,  provided  also,  that  one-fourth  in  quantity 
of  said  land  shall  be  applied  by  said  Company  in  the  construction 
of  said  road  above  the  city  of  Des  Moines  ;  the  said  one-fourth  to 
be  certified  in  manner  as  herein*  provided  from  the  completion  of 
each  twenty  miles  from  the  city  of  Des  Moines  up  the  valley  of 
the  Des  Moines  river. 

Sec.  4.  The  grant  aforesaid  is  made  to  said  Company  upon  the 
express  condition  that  in  case  such  Kailroad  Company  shall  fail  to 
have  completed  and  equipped  seventy-five  miles  of  road  up  the 
valley  of  the  Des  Moines  river,  from  the  town  of  Bentonsport, 
within  three  years  from  the  first  day  of  December  next,  thirty- 
three  miles  in  addition  in  each  year  thereafter,  for  five  years,  and 
the  remainder  of  the  whole  line  in  three  years  thereafter,  or  on 
the  first  day  of  December,  eighteen  hundred  and  sixty-eight,  then 
in  that  case  it  shall  be  competent  for  the  State  of  Iowa  to  reserve 
all  rights  to  the  lands  hereby  granted,  then  remaining  uncertified 
to  said  Company  so  failing  to  have  the  length  of  road  completed 
in  manner  as  aforesaid. 

Sec.  5.  That  this  grant  is  subject  to  all  the  provisions  of  an  act 
of  the  General  Assembly  of  the  State  of  Iowa,  approved  July  four- 
teenth, eighteen  hundred  and  fifty-six,  entitled  an  act  to  accept  the 
grant  and  carry  into  execution  the  trust  conferred  upon  the  State 
of  Iowa  by  an  act  of  Congress  entitled  an  act  making  a  grant  of 
lands  to  the  State  of  Iowa  in  alternate  sections  to  aid  in  the  con- 
struction of  Eailroads  in  said  State,  approved  May  15th,  1856,  so 
far  as  the  same  are  applicable  and  not  inconsistent  with  the  fore- 
go ing  provisions  of  this  act. 

An  Act  of  the  Eighth  General  Assembly,  approved  March  8d, 
I860,  makes  the  following  provisions : 

Section  1.    That  the  fifty  thousand  acres  of  land  to  be  set  apart 

by  the  Register  of  the  State  Land  Office,  under  the  second  section 

of  an  Act  of  the  General  Assembly,  approved  March  22d,  1858, 

entitled,  "  An  Act  disposing  of  the  grant  of  land  made  by  an  Act 

5 


84  REPORT  OP  THE 

of  Congress  granting  land  to  the  Territory  of  Iowa  to  aid  in  the 
Improvement  of  the  Navigation  of  the  Des  Moines  Kiver,"  shall 
be  taken  from  the  lands  next  above  those  transferred  by  the  State 
to  the  Des  Moines  Navigation  and  Eailroad  Company  by  the  terms 
of  settlement  with  that  Company,  authorized  by  Joint  Resolution 
of  the  General  Assembly,  approved  March  22d,  1858. 

Sec.  2.  That  the  uncompleted  dams  to  be  built  by  the  Keokuk, 
Fort  Des  Moines  and  Minnesota  Railroad  Company,  as  provided 
by  the  said  second  section  of  the  A(?t  above  referred  to,  shall  be 
completed  as  follows  :  that  is  to  say,  the  dam  at  Keosauqua  shall  be 
completed  in  one  year  after  the  lands  granted  to  said  Railroad 
Company  by  said  Act  shall  have  been  certified  by  the  General 
Government  to  the  State  of  Iowa,  or  otherwise  become  the  prop- 
erty of  said  Company,  and  the  dam  at  Plymouth,  and  the  other 
works  within  two  years  after  the  lands  shall  have  been  certified  as 
aforesaid. 

Sec.  4.  That  Geo.  G.  Wright,  of  Van  Buren  County,  Edward 
Johnston,  of  Lee  County,  and  Christian  W.  Slagle,  of  Jeflfersou 
County,  be  and  they  are  hereby  appointed  a  Board  of  Commis- 
sioners for  the  purpose  of  ascertaining  all  the  liabilities  whether  in 
suit  or  otherwise,  against  said  Des  Moines  River  Improvement,  and 
against  the  State  of  Iowa,  growing  out  of  said  Improvement,  and 
which  are  to  be  paid  by  the  Keokuk,  Fort  Des  Moines  and  Minne- 
sota Railroad  Company,  as  provided  by  the  said  second  section  ot 
the  Act  of  the  22d  of  March,  1858,  above  referred  to. 

Sec.  6.  Said  Commissioners,  or  a  majority  of  them  shall  meet 
at  the  city  of  Keosauqua,  in  the  county  of  Van  Buren,  vfithin  six 
months  after  the  passage  of  this  Act,  or  as  soon  thereafter  as  prac- 
ticable ;  and  shall  organize  the  Board  by  taking  an  oath  that  they 

will  well  and  truly  discharge  the  duties  imposed  upon  them  by  this 
Act. 

Sec.  6.  After  having  organized,  said  Commissionei's  shall  give 
public  notice  of  the  time  and  place  of  their  meeting,  and  the  objects 
of  the  commission,  by  a  general  notice  to  all  persons  claiming  to 
be  entitled  to  be  paid  by  the  provisions  of  the  said  section  of  the 
said  Act  of  March  22d,  1858,  that  unless  they  present  their  claims 
within  six  months  after  the  time  fixed  in  said  notice  for  the  meeting 
of  the  Board,  they  will  not  thereafter  be  received  or  acted  upon, 
but  forever  barred  ;  which  notice  shall  be  published  for  at  lea;3t 


REGISTER  OT  THE  STATE  LAND  OPPICK 


85 


four  weeks  in  some  newspaper  published  at  the  Comity  Seat  of  Van 
Buren  County,  and  a  newspaper  published  in  the  city  of  Keokuk^ 

Sbo.  9.  For  every  three  thousand  dollars  worth  of  work  done 
on  the  locks  and  dams,  and  for  every  three  thousand  dollars  of  said 
audited  liabilities  paid  by  the  said  Keokuk,  Fort  Des  Moines  and 
Minnesota  Bailroad  Company,  in  accordance  with  the  second  see- 
tion  of  the  said  Act  of  March  22d,  1858,  the  Kegister  of  the  State 
Land  OflSce  shall  certify  to  said  Company  1,000  acres  from  said 
60,000  acres  of  land," 

Under  this  act,  as  appears  from  the  Reports  of  the  Commission- 
ers filed  in  this  office,  there  have  been  thirty-two  claims  presented 
to  them  and  settled,  amounting  in  the  aggregate  allowed,  to  $85,- 
890.86,  all  of  which  are  fully  exhibited  in  the  following  table : 


CLAIMANT. 


▲MOUKT 
OOLLSOTXD 


FILBD  BXrORB 
COltMtBfllOmik 


WHSN 
▲LLOWXD. 


AMOUNT 
AUiOW'D. 


WHIM  riLCD  IH 
LAND  OFTIOX. 


8 

9 
10 

11 

13 

13 

14 

15 

16 

17 

18 

19 

20 

21 

39 

28 

24 

25^ 

26 

27 

28 

29 


1  Jas.  J.  Kinnersly,. 

2  Jonas  Houghton,. 
81  Adam  Hine, 

4  Wm.  Baker. 

5  R.  Jackson  for  the 
heirs  of  A.  Miller, 

6Geo.  0.  AUender,. 
7  Wm.  Armstrong, . 
'  Edwin  Manning,. 

John  Parker,  .... 

H.  D.  Steward,  .  * 

Van  Buren  Co., . . 

Meek  &  Bros.,* . . 

Joseph  Benning,. 

Qeorge  Gray, .... 

D.  Kennedy, 

S.  Dwight  Eaton,. 

Petier  Tobie,. . 

Thos.  H.  Harlen^. 

Guy  Wells 

Jas.  A.  Brown^ . . 

J.P.Gray, 

Robt  P.  Gray,... 

Felix  Decker, .... 

John  Stafford, .  . . 

Jo.  Benning  (adm. 

Wm.  McCk>wan,.. 

Isaac  P.  Gray, .  . . 

Adam  Hlne, 

Gray  &  Co., 

80|  Wells,  Chideaterift^ 
Gray, 

81  Greene  Bragg*  Co 

82  S.  T.  Coltan,  . . . 


$20,00000 

5,000.00 

880.00 

2^000.00 

2,000.00 

60,000.00 

500.00 

245.52 

i,ooaoo 

800.00 

116.00 

8,000.00 

800.00 

2,000.00 

1,500.00 

500.00 

288.51 

1,000.00 

1,500.00 

25,060.<X) 

4,000.00 

2,000.00 

1,000.^' 

1,400.00 

500.00 

500.00 

2,000.00 


Aug.  29, 1860 
Oct.  26,  1860 
Dec  12, 1860 
Feb.  18, 1861 


14 


it- 


Aug.  29, 1860 
Feb.  18, 1861 
Aug.  29, 1860 
Feb.  18, 1861 
Apr.  18, 1861 
Dec  11, 1860 
Aug.  29, 1860 
Feb.  18, 1861 


(t 
II 


Feb.  5,  18dl 

a     u 


It 


tt 


Apr.  28, 1861 

Apr.  28, 1861 
Feb.  5,  1861 
Apr.  28, 1B61 


tt 
ti 

u 
II 


tt 

14 

tl 

U 


u 

u 
It 


tl 

M 

u 
II 


Feb.  5,  1861 
Apr.  28, 1861 


tl 
II 
11 


it 
It 
It 


Feb.  5,  1861 

Noir,  1,.  ISeotl^elK  5,.  1861 

Apr.  28, 1861 
t«         It 

Feb<  5,  1861 
Apr.  28, 1861 


Feb.  18, 1861 
Dec.  12, 1860 
Ati&29,1860 
Feb.  18, 1861 

41 
U 
«t 

cc 


41 


u 
It 

u 

14 


Aug.  29, 1861 
80e.09Feb.26, 1861 

Aug.  29, 1866|Feb.  5)  1861 


25,000.00 

80,000.00  Nor.  27,1 
40,000.00  Aug.  29, 1860 
21.00a<)6      ^ 


« 

u 
u 
«i 
l« 
(« 
t< 


tl 

It 

It 

cr 

It 

i< 


F^  5,  1861 

U  l< 


il 


$9,00000  June  22, 1861 
8,904.80 
880.00 
700.00 

75aoo 

8,087.25 

100.00 
45.00 

400.00 

100.00 

114.00 
1,652.68 

250.00 

700.00 

700.00 

800.00 

965.92 

550.00 

1,000.00 

19,159.21 

1,400.00 

706.00 

600.00, 

550.00 

106.00 

100.00 

800.00 

806.00 
10,215.00 

867.29 
8,160.00 
18,500.001  Jimir22, 186. 


^1 

tt 

tt 

II 

K 

|£ 

It 

II 

tl 

11 

tl 

II 

C« 

Sg  ' 

It 

t« 

u 

M 

It 

tl 

MMt 

II 

U 

tt 

M 

tt 

U 

4 

II 

It 

Wtii  14),  1862 

II              u 

Feb.  10, 1862 
July  18, 1862 

«To  this  clMm,  t^  reported  by  tHeObttmisftloinert;  \g  vtapctOi^d  the  iblldwltfg 
max^inal  note,  to-wit :  *'  With  an  additknal  allpwa&oe,  m  this'  case,  of  $25aOO, 
provided  the  other  Lock  Gate  shall  be  pat  in  at  Bonaparte  within  niiio  months,  as 
agreed.** 


J^g  REPORT  OP  THE 

The  9th  General  Assembly  by  an  Act  entitled  "J.n  act  to  pro- 
vide  for  afuU  setUemerU  of  aJl  cHavms^  rights  <md  liabilities  between 
the  State  of  Iowa  amd'  James  A.  Brown^  a/nd  Oeorge  C,  AJlender^^ 
approved  March  20, 1862,  provided  for  the  settlement  of  the  claims 
of  said  Brown  and  Allender,  and  also  of  Green,  Bragg  &  Co.,  upon 
the  terms  set  forth  in  said  act,  and  for  that  purpose  appropriated 
the  sum  of  $80,142.63.— (-4cfe  1862,  P.  45.)  Said  Brown  and  Al- 
lender have  acceded  to  the  terms  and  accepted  the  warrants  drawn 
upon  the  Treasurer  for  the  amount  thus  appropriated.  These  three 
claims  amounting  in  the  aggregate  to  $35,346.46,  have  been  paid 
by  the  State  as  proposed  in  said  Act,  leaving  unpaid  of  said  claims 
in  the  aggregate  $50,544.40.  There  are  at  present  no  lands  avail- 
able to  meet  any  portion  of  these  claims,  and  no  other  provision 
made  for  their  satisfaction. 

At  the  December  Term  of  the  Supreme  Court  of  the  United 
States,  held  in  '59  and  '60,  a  decision  was  made  as  to  the  limit  of 
the  Des  Moines  River  grant.  This  decision  limits  the  grant  to  the 
Raccoon  Fork,  and  declares  all  certificates  of  lands  above  the  Fork 
as  issued  without  authority  of  law  and  void. 

On  the  3d  of  March,  1861,  Congress  passed  the  following  Joint 
Resolution: 

PUBLIC  RESOLUTION  NO.  5. 
"  Joint  Resolution  to  qniet  titles  in  the  State  of  Iowa.'* 

''Jlesohedy  »  ♦  ♦  That  a«  the  title  which  the  United  States 
still  retains  in  the  tracts  of  land  along  the  Des  Moines  River,  and 
above  the  mouth  of  the  Raccoon  Fork  thereof,  in  the  State  of  Iowa, 
which  have  been  certified  to  said  State  improperly  by  the  Depart- 
ment of  the  Interior,  as  part  of  the  grant,  by  act  of  Congress,  Ap- 
proved August  8th,  1846,  and  which  is  now  held  by  bonajide  pur- 
chasers under  the  State  of  Iowa,  be  and  the  same  is  hereby  relin- 
quished to  the  State  of  Iowa." 

Bj  act  of  Congress,  (in  response  to  the  Joint  Resolution  of  the 
General  Assembly  of  April  7, 1862,)  it  is  enacted,  "That  the  grant 
of  lands  to  the  then  Territory  of  Iowa,  for  the  improvement  of  the 
Des  Moines  River,  made  by  the  act  of  August  8th,  1846,  is  hereby 
extended  so  as  to  include  the  alternate  sections,  (designated  by  odd 
numbers,)  lying  within  five  miles  of  said  River,  between  the  Rac- 
coon Fork  and  the  Northern  boundary  of  said  State ;    such  lands 


REGISTER  OF  THE  STATE  LAND  OFFICE.  ^fj 

are  to  be  held  and  applied  in  accordance  with  the  provisions  of  the 
original  grant,  except  that  the  consent  of  Congress  is  hereby  given 
to  the  application  of  a  portion  thereof  to  aid  in  the  construction  of 
the  Keokuk,  Ft.  Des  Moines  &  Minnesota  Bailroad,  in  accordance 
with  the  provisions  of  the  act  of  the  General  Assembly  of  the  State 
of  Iowa,  approved  March  22d,  1858.  And  if  any  of  said  lands 
shall  have  been  sold  or  otherwise  disposed  of  by  the  United  States 
before  the  passage  of  this  act,  excepting  those  released  by  the 
United  States  to  the  grantees  of  the  State  of  Iowa  under  joint  res- 
olution of  March  2d,  1862,  the  Secretary  of  the  Interior  is  hereby 
directed  to  set  apart  an  equal  amount  of  lands  within  said  State  to 
be  certified  in  lieil  thereof;  Provided^  That  if  the  State  shall.have 
sold  and  conveyed  any  portion  of  the  lands  lying  within  the  limits 
of  this  grant  the  title  of  which  has  proved  invalid,  any  lands  which 
shall  be  certified  to  said  State  in  lieu  thereof  by  virtue  of  the  pro- 
visions of  this  act,  shall  inure  to,  and  be  held  as  a  trust  ftmd  for  the 
benefit  of  the  person  or  persons  respectively  whose  titles  shall  have 
failed  as  aforesaid." 

Approved  July  12, 1862.— (K  S.  Stat  atla/rge,  1862,  ^p—.) 
On  the  11th  September,  1862,  Extra  Session,  the  General  As- 
sembly by  Joint  Resolution,  accepted  the  grant  of  lands  donated 
by  the  above  act  of  Congress. — {Acts  Ex.  Sea.  '62,  j>  60.) 

On  the  same  day  the  General  Assembly  authorized  the  Govei*- 
nor  to  appoint  one  or  more  Commissioners  to  select  the  lands  em- 
braced in  the  above  grant — ^the  Commissioners  to  report  their  se* 
lections  to  the  Register  of  the  State  Land  OfiSce,  and  directing 
that  the  lands  be  held  for  the  purposes  of  the  grant,  and  in  nowise 
to  dispose  of  the  same  until  future  legislation  is  had. — Acts  Ex. 
/Skj.  1862,jp48. 

The  Governor  appointed  D.  W.  Eilboume,  of  Lee  county.  Com- 
missioner to  make  the  selections,  and  the  General  Land  Office,  on 
the  25th  of  April  last,  issued  scrip  authorizing  the  selection  of 
300,000  acres  from  the  vacant  public  lands  as  part  of  the  grant  of 
July  12, 1862.  Said  Commissioner  has  made  the  selections  as  au- 
thorized in  the  Fort  Dodge  and  Sioux  City  Land  Districts,  and  has 
furnished  this  Office  with  a  list  of  the  lands  selected.  These  lands 
have  not  yet  been  set  apart  to  the  State,  and  therefore  the  report 
of  the  Commissioner,  as  required  by  the  second  section  of  the  act 
of  September  11,  1862,  has  not  been  made. 


38  BEPOBT  OP  THB 

When  the  full  quiurtity  aocming  to  the  State  under  this  Grant  ig 
determined  by  the  Commissioner  of  the  General  Land  OfSoe,  and 
the  proper  lists  are  approved  and  certified,  the  State  will  hold  the 
limds  in  trust  for  the  following  purposes  : 

1st.  For  the  benefit  of  any  person  or  persons  to  whom  the 
State  has  sold  lands  within  the  limits  of  the  Pes  Moines  Biver 
Grant,  and  whose  title  has  failed,  or  may  yet  fail. 

2d.  For  reimbursing  the  State  for  all  moneys  advanced,  (and 
interest  thereon)  from  the  general  revenue,  to  pay  claims  against 
the  Des  Moines  Biver  Fund,  and  all  daims,  audited  or  assumed  by 
the  State,  but  not  paid,  against  said  Fund,  and  which  are  on  file  in 
this  Office. 

3d.  For  paying  the  liabilities  against  the  Des  Moines  lUver 
Fund,  arising  out  of  the  contracts  for  the  completion  of  the  works 
on  the  Des  Moines  Biver  Improvement,  as  provided  by  Acts  of  the 
General  Assembly  of  March  aZd,  1868,  and  March  3d,  1860. 

4th.  For  the  purpose  of  aiding  in  the  completion  of  the  Keokuk, 
Fort  Des  Moines  &  Minnesota  Bailroad. 

There  have  been  received  at  this  Office,  and  are  now  on  file,  lists 
of  lands  approved  and  certified  as  Bailrjad  lands  under  the  Act  of 
Congress  of  May  15th,  1856,  granting  lands  for  Bailroad  purposes, 
which  include  most,  if  not  all,  the  lands  located  above  the  Bacooon 
Fork,  heretofore  approved  and  certified  as  Des  Moines  Biver 
lands — falling  within  the  Bailroad  limits.  These  lands  amount  in 
the  aggregate  to  over  270,000  acres,  and  have  all  been  sold  and 
patented  by  the  State  under  the  Des  Moines  Biver  Grant.  No 
other  disposition  has  been  made  of  them  by  the  State. 

Is  it  not  advisable  for  the  State,  by  some  appropriate  legi^tion 
to  protect  the  integrity  of  these  titles  ?  If  the  Bailroad  Compa- 
nies are  permitted  to  hold  these  lands,  the  patents  issued  by  die 
State  are  void,  and  the  purchasers  must  buy  again  of  the  Baiboads 
or  give  up  their  lands  and  look  to  the  State  for  indemnity.  Aside 
firom  the  damage  and  even  ruin  that  would  result  in  many  cases 
firom  such  a  course,  it  would  open  up  the  way  for  much  controversy 
and  numerous  applications  to  the  State  for  relief. 

If,  on  the  other  hand  all  these  lands  to  the  north  line  of  the 
State,  did  pass  to  the  State  by  the  Des  Moines  Biver  Grant,  as  the 
State  has  always  asserted,  and  as  the  general  Government  often, 
and  for  a  long  time  admitted,  and  as  President  Fillmore  himself 


REGISTER  OF  THE  STATS  LAND  OFFICE.        gf 

decided,  and  that  fact  coaid  be  established  by  an  appeal  to  the 
Courts,  and  the  Bailroads  thuB  ousted  of  their  right  to  these  lands, 
and  the  titles  from  the  State  perfected,  it  would  be  bad  policy  for 
the  State  to  pursue  that  course,  for  thereby  she  would  lose  all  thai 
land  granted  by  the  Act  of  Congress  of  July  12th,  1862,  as  indem- 
nity for  the  lands  within  the  limits  of  the  Des  Moines  River  Grant, 
otherwise  appropriated.  The  State  would  by  such  a  course  lose  at 
least  lands  equfd  in  amount  to  the  lands  claimed  as  Des  Moines 
Stiver  lands,  which  are  now  certified,  and  held  as  Railroad  lands. 
It  would  seem  to  be  bad  policy  for  the  State  in  this  way  to  seek  to 
divest  the  Railroads  of  their  title  to  these  lands,  or  by  her  negli 
gence  to  compel  the  Des  Moines  Navigation  &  Railroad  Company 
to  do  it. 

The  best  and  most  satisfactory  (if  not  the  only)  way  to  relieve 
the  State  from  the  embarrassments  and  difficulty  in  which  she  has 
been  placed  by  the  vacillating  and  unjust  course  of  the  General 
Government  in  this  matter  it  seems  to  me  is  :  '^To  require  the 
several  Railroad  Companies  to  release  to  the  State  their  right  to  all 
these  lands  claimed  by  the  State  under  the  Des  Moines  River  Grant ; 
and  in  lieu  of  so  much  thereof  as  has  been  or  may  be  certified  as 
Railroad  lands,  to  take  an  equal  amount  of  the  land  granted  as  in. 
demnity  by  the  Act  of  Congress  of  July  13th,  1862,  800,000  acres 
of  which  is  now  being  selected  and  located,  as  before  stated. 

By  this  means  tibe  titles  of  the  State  to  the  purchasers  of  the 
Des  Moines  Riv^  lands  would  become  good,  and  the  State  safe 
firom  further  liability  or  trouble  therefrom.  And  the  Railroads 
would  each  receive  the  same  amount  of  lands  as  if  permitted  to 
hold  the  same  as  certified  by  the  Commissioner  of  the  General 
Land  Office. 

I  would  therefore  respectfully  suggest  that  you  recommend  to 
the  General  Assembly  the  passage  of  an  Act  embodying  the  pro- 
visions above  indicated  for  the  settlement  of  this  matter  and  the 
relief  of  the  State  and  her  grantees. 

6th.— SWAMP  LAND  GRANT. 

The  magnitude  and  importance  of  this  Grant  and  the  difficulty 
attending  its  settlement  will  justify  as  extensire  and  accurate  a 
Report  as  the  resources  of  this  office  can  furnish. 

Congress  has  passed  the  following  Acts  f elative  to  this  Grant : 


40  REPORT  OF  THE 

1.  ^An  Act  to  enable  the  State  of  Arkansas  and  other  States  to  reclaim  the  Swamp 

Lands  -within  their  limita** 

Be  it  enacted  by  the  Senate  and  Simse  of  RepreaerUaUvee  of  the 
United  States  in  Congress  assembled^  That  to  enable  the  State  of 
Arkansas  to  construct  the  necessary  levees  and  drains  to  reclaim 
the  Swamp  and  overflowed  lands  therein,  the  whole  of  those 
Swamp  and  overflowed  lands  made  unfit  thereby  for  cultivation, 
which  shall  remain  unsold  at  the  passage  of  this  act,  shall  be,  and 
the  same  are  hereby  granted  to  said  State. 

Seo.  2.  And  he  it  furtiver  enacted^  That  it  shall  be  the  duty  of 
the  Secretary  of  the  Interior,  as  soon  as  may  be  practicable  after 
the  passage  of  this  Act,  to  make  out  an  accurate  list  and  plats  of 
said  lands  described  as  aforesaid,  and  transmit  the  same  to  the 
Governor  of  the  State  of  Arkansas,  and  at  the  request  of  said  Gov- 
ernor, cause  a  patent  to  be  issued  to  the  State  therefor ;  and  on 
that  patent  the  fee  simple  to  said  lands  shall  vest  in  the  said  State 
of  Arkansas,  subject  to  the  disposal  of  the  Legislature  thereof; 
provided^  however^  that  the  proceeds  of  said  lands,  whether  from 
sale  or  direct  appropriation  in  kind,  shall  be  applied,  exclusively, 
as  far  as  necessary,  to  the  purpose  of  reclaiming  said  lands  by 
means  of  the  levees  and  drains  aforesaid. 

Sbo.  3.  And  he  it  further  enacted^  That  in  making  out  a  list 
and  plats  of  the  lands  aforesaid,  all  legal  sub-divisions,  the  greater 
part  of  which  is  "wet  and  unfit  for  cultivation,"  shall  be  included 
in  said  lists  and  plats ;  but  when  the  greater  part  of  a  sub-division 
is  not  of  that  character,  the  whole  of  it  shall  be  excluded  there- 
from. 

Sbc.  4.  And  he  it  further  enacted^  That  the  provisions  of  this 
Act  be  extended  to,  and  their  benefits  be  conferred  upon,  each  of 
the  other  States  of  the  Union  in  which  Swamp  and  overflowed 
lands  known  and  designated  as  aforesaid,  may  be  situated. 

Approved  September  28, 1850. 

2.  ^An  Act  for  the  relief  of  purchasers  and  locators  of  Swamp  and  overflowed 

lands.*" 

Be  it  enacted  hy  the  Senate  and  Souse  of  Bepresentatioes  of  the 
United  States  in  Congress  assembled^  That  the  President  of  the 
United  States  cause  patents  to  be  issued  as  soon  as  practicable,  to 
the  purchaser  or  purchasers,  locator  or  locators,  who  have  made 
entries  of  the  public  lands,  claimed  as  Swamp  lands,  either  with 


REGISTER  OF  THE  STATE  LAND  OFFICE.        41 

cash,  or  with  land  warrants,  or  with  scrip,  prior  to  the  issue  of 
patents  to  the  State  or  States,  as  provided  for  by  the  second  sec- 
tion of  the  Act  approved  September  twenty-eighth,  eighteen  hun- 
dred and  fifty  entitled  ^'An  Act  to  enable  the  State  of  Arkansas 
and  other  States  to  reclaim  the  Swamp  Lands  within  their  limits,'* 
any  decision  of  the  Secretary  of  the  Interior,  or  other  officer  of 
the  government  of  the  United  States  to  the  contrary  notwithstand- 
ing ;  provided^  that  in  all  cases  where  any  State,  through  its  con- 
stituted authorities  may  have  sold  or  disposed  of  any  tract  or  tracts 
of  said  land  to  any  individual  or  individuals  prior  to  the  entry,  sale 
or  location  of  the  same,  under  the  pre-emption  or  other  laws  of  the 
United  States,  no  patent  shall  be  issued  by  the  President  for  such 
tract  or  tracts  of  land,  until  such  State,  through  its  constituted 
authorities,  shall  release  its  claim  thereto,  in  such  form  as  shall  be 
prescribed  by  the  Secretary  of  the  Interior.  And  provided  fw- 
ther^  that  if  such  State  shall  not  within  ninety  days  from  the  pas- 
sage of  this  act,  through  its  constituted  authorities,  return  to  the 
General  Land  Office  of  the  United  States,  a  list  of  all  the  lands 
sold  as  aforesaid,  together  with  the  dates  of  such  sale,  and  the 
names  of  the  purchasers,  the  patents  shall  be  issued  immediately 
thereafter,  as  directed  in  the  foregoing  section. 

Sec.  2.  And  he  it  further  enaoted^  That  upon  due  proof  by  the 
authorized  agent  of  the  State  or  States,  before  the  Commissioner  of 
the  General  Land  Office,  that  any  of  the  lands  purchased  were 
Swamp  Lands,  within  the  true  intent  and  meaning  of  the  act  afore- 
said, the  purchase  money  shall  be  paid  over  to  said  State  or  States, 
and  when  the  lands  have  been  located  by  warrant  or  scrip,  the 
said  State  or  States  shall  be  authorized  to  locate  a  quantity  of  like 
amount,  upon  any  of  the  public  lands  subject  to  entry,  at  one  dol- 
lar and  a  quarter  per  acre  or  lesp,  and  patents  shall  issue  therefor, 
upon  the  terms  and  conditions  enumerated  in  the  act  aforesaid  ; 
provided^  however^  that  the  said  decisions  of  the  Commissioner  of 
the  General  Land  Office  shall  be  approved  by  the  Secretary  of  the 
Interior. 

Approved,  March  2, 1855. 

8.  ^  An  Act  to  confirm  to  the  several  States  the  swamp  and  overflowed  Lands  se- 
lected under  the  act  of  September  twenty-eight,  eighteen  hundred  and  fifty, 
and  the  act  of  the  second  of  March,  eighteen  hundred  and  forty-nine.*^ 

Be  it  enacted  hy  the  Senate  and  Hottee  of  Hepreeentatvves  of  the 
6 


42  REPORT  OF  THE 

United  States  qf  America  in  Congress  ussembledy  That  the  selec- 
tion of  Swamp  and  overflowed  Lands  granted  to  the  several  States 
bj  the  act  of  Congress,  approved  September  twenty-eight,  eighteen 
hundred  and  fifty,  entitled  ^^  An  Act  to  enable  the  State  of  Arkan- 
sas and  other  States  to  reclaim  the  Swamp  Lands  within  their  lim- 
its," and  the  Act  of  the  second  of  March,  eighteen  hundred  and 
forty-nine,  entitled  ^^  An  Act  to  aid  the  State  of  Loiusiana  in  drain- 
ing the  Swamp  Lands  therein,"  heretofore  made  and  reported  to 
the  Commissiimer  of  the  General  Land  OfBce,  so  far  as  the  same 
shall  remain  vacant  and  unappropriated,  and  not  interfered  witii 
by  an  actual  settlement  under  any  existing  law  of  the  United  States, 
be  and  the  same  are  hereby  confirmed,  and  shall  be  approved  and 
patented  to  the  said  several  States  in  conformity  with  the  provie- 
X(m6  of  the  act  aforesaid,  as  soon  as  may  be  practicable  after  the 
passage  of  this  law;  provided^  howe/oer^  That  nothing  in  this  Act 
contained  shall  interfere  with  the  provisions  of  the  act  of  Congress 
entitled  ^^  An  Act  for  the  relief  of  purchasers  and  locators  of  swamp 
and  overflowed  lands,"  approved  March  second,  eighteen  hundred 
and  fifty-five,  which  shall  be  and  is  hereby  contained  in  force,  and 
extended  to  all  entries  and  locations  of  lands  claimed  as  swamp 
lands  made  since  its  passage."    Approved  Mu^h  8, 1857. 

4  ** An  Act  to  extend  the  proTisionB  of  'An  Act  to  enable  the  State  of  Arkansas 
and  other  States  to  reclaim  the  Swamp  Lands  within  their  limits/  to  Minne- 
sota and  Oregon  and  for  other  purposes." 

"  JBe  it  enacted  by  the  Senate  and  House  of  Representathes  of 
the  United  Sta/tes  of  America  in  Conyress  assembled^  That  the  pro- 
visions of  the  Act  of  Congress,  entitled  "An  Act  to  enable  the 
State  of  Arkansas  and  other  States  to  reclaim  the  Swamp  Lands 
within  their  limits.  Approved  September  twenty-eight,  eighteen 
hundred  and  fifty,  be  and  the  same  are  hereby  extended  to  the 
States  of  Minnesota  and  Oregon:  Provided^  Tliat  the  Grant 
hereby  made  shall  not  include  any  lands  which  the  Government  of 
the  United  States  may  have  reserved,  sold  or  disposed  of  (in  pur- 
suance of  any  law  heretofore  enacted,)  prior  to  the  confirmation  of 
title  to  be  made  under  the  authority  of  the  said  act." 

"Sec.  2.  And  he  it  further  enacted^  That  the  selections  to  be 
made  firom  the  lands  already  surveyed  in  each  of  the  States,  indu- 
ding  Minnesota  and  Oregon,  under  the  authority  of  the  Act  afore- 
said, and  of  the  Act  to  aid  the  State  of  Louisiana  in  draining  the 


RBQISTEH  OF  THS  STATE  LAND  OFFICE.  4$ 

Swamp  Laud  therein,  approved  March  second,  one  thousand  eight 
hundred  and  forty-nine,  shall  be  made  within  two  years  from  tiie 
adjournment  of  the  Legislature  of  each  State  at  its  next  session 
after  this  Ad  And  as  to  all  lands  hereafter  to  be  surveyed,  within 
two  years  from  such  adjournment  at  the  next  session,  after  notice 
by  the  Secretary  of  the  Interior  to  the  Qovemor  of  the  State,  that 
the  surveys  have  been  completed  and  confirmed." 

Approved  March  2,  I860.— (ZT".  S.  Stat,  at  large^  1859-60,^.  8.) 

This  act  requires  the  State  to  complete  its  selections  of  Swamp 
land  within  two  years  from  the  adjournment  of  the  next  session  of 
the  General  Assembly  after  the  passage  of  the  act. 

The  Extra  Session  of  the  General  Assembly  convened  on  the 
15th  of  May,  1861,  adjourned  on  the  29th  of  that  month.  If  this 
session  is  considered  in  the  construction  of  said  act  the  time  for 
the  State  to  complete  her  selections  expired  on  the  29th  of  May 
last.  The  next  regvlar  session  was  doubtless  contemplated,  and 
that  adjourned  April  8th,  1862,  giving  till  April  8th,  1864,  to  make 
auy  additional  selections  that  the  State  desires. 

2.  Tlie  following  is  a  brief  synopsisof  State  legislation  upon  this 
subject  up  to  this  time : 

1.  ""An  Act  in  relation  to  the  Swamp  Lands  within  this  State.**    Paeeed  Feb* 

ruary,  1851. 

This  Act  authorizes  the  Commissioner  of  the  State  Land  OflBce 
to  take  such  steps  as  he  may  think  necessary  to  secure  to  the  State 
the  lands  granted  by  Act  of  Sept.  28,  1850,  and  to  dispose  of  the 
same ;  the  proceeds  of  such  sales  after  defraying  expenses  of  se- 
lecting, reclaiming,  Ac,  to  be  paid  into  the  State  Treasury.  And 
requires  the  Governor  to  discharge  the  duties  enjoined  therein  on 
the  Conunissioner  until  such  time  as  the  Commissioner  of  the 
Land  Office  should  be  elected  and  qualiiied ;  and  to  discharge  such 
other  duties  as  he  may  think  the  interest  of  the  State  requires. 

It  also  gives  the  County  Surveyors  authority  to  contract  (subject 
to  the  approval  of  the  Governor)  for  the  making  of  levees  and 
drains  to  reclaim  the  land.     (8J  Session^  Chap.  69.) 

3.  "An  Act  to  dispose  of  the  swamp  and  overflowed  lands  within  this  State,  and 
to  p^  the  expenses  of  selecting  and  surveying  the  eame.^    Passed  'Jaanaiy 

This  Act  grants  these  lands  to  the  counties  in  which  they  He  ; 


44  BEPORT  OF  THE 

provides  for  their  selection  by  Agents,  to  be  appointed  by  the 
County  Courts  in  the  several  counties  ;  provides  for  the  protection, 
sale  and  reclamation  of  said  lands,  and  places  them  under  the  con- 
trol and  management  of  the  County  Court. — {Acts  1858  p  29.) 

8.  *' An  Act)  sapplemental  to  an  Act,  entitled :  **  An  Act  to  dispose  of  the  swamp 
and  overflowed  lands  within  this  State,  and  to  pay  the  expenses  ot  selectins 
and  sarveying  the  same/*  approved  January  18, 1858.  Approved  January  2% 
looS. 

This  Act  requires  the  selection  agent  to  makes  his  report  to  the 
Secretary  of  State,  and  makes  it  the  duty  of  the  Secretary  to  for- 
ward the  same  to  the  Surveyor  General. — {Acts  1858,  j?  116.) 

4.  **  An  Act  providing  for  the  collection  of  money  due  to  the  State  of  Iowa  ftom 
the  Qovemment  of  the  United  States,  arising  from  the  disposition  of  the  Swamp 
Lands,  and  for  selecting  the  Swamp  Lands,  and  securing  the  title  to  the  same.*^ 
Passed  January  d6,  1855. 

This  Act  authorizes  the  Governor  to  draw  from  the  United  States 
any  money  accruing  to  this  State  on  account  of  the  disposition  of 
any  of  the  Swamp  Lands,  and  makes  it  his  duty  to  pay  the 
same  into  the  State  Treasury.  It  provides  that  the  Governor, 
Auditor  and  Secretary  of  State  shall  constitute  a  Board  to  ascer- 
tain how  much  of  such  money  is  due  to  each  county,  &c.  And 
authorizes  the  Governor  to  adopt  such  measures  as  he  thinks  best 
to  secure  to  the  State  the  Swamp  Lands,  &c. — {Acta  1855,  OAap. 
138,  p  261. 

5.  An  Act  to  amend  an  act  entitled  **  An  Act  to  dispose  of  the  Swamp  and  over- 

flowed land  within  this  State.''    Approved  Jan.  18, 1858. 
Approved  Jan.  25, 1856. 

This  Act  forbids  any  of  the  Counties  unorganized  at  the  date  of 
its  passage  from  disposing  of  its  Swamp  Lands  till  the  title  thereto 
is  perfected;  requires  the  Counties  to  refund  to  the  State  expenses 
incurred  in  selecting  the  land  with  ten  per  cent,  interest.  And 
provides  that  in  the  then  organized  Counties  where  the  Swamp 
Lands  are  irreclaimable,  the  proceeds  thereof  may  be  appropriated 
to  the  erection  of  public  buildings  after  a  submission  to  a  vote  of 
the  people.  It  requires  the  Drainage  Commissioner  in  such  cases 
to  pay- over  the  proceeds  of  such  land  to  the  County  Treasurer, 
and  provides  that  Swamp  Land  shall  not  be  sold  at  less  than  $1,25 
per  acre. — {Acta  1856,^.  178.) 


RBGISTEB  OF  TfiE  STATE  LAND  OFFICE.  45 

8.  **  A  Bill  to  prevent  Trespass  or  waste  on  Swamp  or  other  Lands  in  the  State 
of  Iowa  and  for  other  purposes.^*    Approved  Jan.  25,  1865. 

This  Act  provides  for  preventing  trespass  and  waste  on  Swamp 
Lands  and  idso  provides  for  the  granting  of  pre-emption  rights. 
(^0^1865,^.228.) 

7.  ^An  Act  to  amend  An  Act  entitled  An  Act  to  dispose  of  the  Swamp  or  over- 
flowed lands  within  the  State  and  pay  the  expenses  of  selecting  and  surveying 
the  same,  approved  Feb.  d,  (Jan  18)  1853."    Approved  July  16, 1856. 

This  act  requires  all  moneys  arising  from  Swamp  Land  to  I^e 
paid  into  the  County  Treasury,  and  to  be  paid  out  only  on  orders 
from  the  County  Judge  and  Swamp  Land  Commissioner.  It  pn^ 
vides  also  for  loaning  the  Swamp  Land  fund.  {Act8  JEx.  Sea.  1856, 
p.  88.) 

&  ''An  Act  in  relation  to  the  Swamp  Lauds  of  this  State."    Approved  January 

24.  1857.  ' 

This  Act  simply  repeals  all  laws  granting  pre-emption-rights  on 
swamp  lands.     {Acts  1857,^.  127.) 

9.  ''An  Act  making  an  appropriation  for  Swamp  Land  purposes/*    Approved 

Jan.  27, 185a 

This  Act  authorizes  the  Governor  to  appoint  an  agent  to  go  to 
Washington  and  effect  a  settlement  of  the  Swamp  Land  husiness 
with  the  United  States.  Also  two  or  more  agents  to  complete  the 
selections  in  unorganized  counties. 

It  makes  an  appropriation  for  the  expenses,  and  provides  for 
refunding  the  same  to  the  State  with  interest.     {AcU  1858,  j5>.  3.) 

10.  '*An  Act  for  the  relief  of  Bwamp  Land  pre-emptors.''    Approved  March  23, 

1858. 

This  Act  only  extends  the  time  for  persons  to  prove  up  and 
perfect  their  pre-emptions  who  had  valid  claims  on  the  5th  of  Sep- 
tember, 1857.  (The  act  repealing  pre-emption  rights  took  effect 
July  1,  1857.)    Acta  1858,^.  198.) 

11.  '*An  Act  to  authorize  the  counties  to  use  the  Swamp  Lands  to  aid  in  the  con- 
struction of  Railroads  and  Seminary  buUdings."    Approved  March  22, 1858. 

This  Act  authorizes  the  counties  to  devote  the  proceeds  of  the 
Swamp  Lands  to  the  erection  of  buildings  for  educational  purposes 
building  of  Boads  and  Bridges  and  Railroads,  after  the  question 


46  REPORT  OP  THE 

has  been  voted  on.  and  carried  by  the  citizens  at  an  election.  It 
provides  also  that  counties  may  sell  or  dispose  of  their  Swamp 
hxkds  to  any  person  for  any  of  the  objects  above  enumerated. — 
Soeh  purchase*-  taking  the  same  upon  the  conditions  of  the  grant 
of  September  28, 1860,  and  releasing  the  State  and  County  from 
all  liability  thereunder.     {Acts  1858,^.  256.) 

12.  This  Act  is  amended  by  Chap.  77,  Acts  of  1862,  author- 
izing the  counties,  in  addition  to  the  objects  specified,  to  devote  the 
proceeds  of  the  swamp  lands  to  the  permanent  school  fund.  {Acts 
1862,^.  78.) 

];8i  ^*A.n  Act  to'  «atfaM>riEe  the  Governor  and  Board  of  County  Snperviaofv  to 
appoint  agents  in  resard  to  Swamp  Lands  belonging,  to  tne  State  of  Iowa,  and 
defining  their  duties?'    Approved  April  8, 1862. 

This  Act  provides : 

SBOi  1.  That  the  Governor  may  appoint  agents  to  settle  the 
Swamp  Land  matters  with  the  Commissioner  of  the  General  Land 
Office. 

Sbo.  2.  That  when  Scrip  is  issued  to  tfce  State  under  act  of 
Congress  of  March  2, 1855,  it  shall  be  deposited  in  the  State  Land 
office,  &C.,  and  when  money  is  refunded  under  said  act  it  shall  be 
deposited  in  the  State  Treasury,  subject  to  the  order  of  the  Board 
<if  Supervisors. 

Sbo.  8.  That  when  the  Scrip  is  received  the  Register  shall 
nQtity  the  Governor  who  shall  appoint  an  agent  to  locate  it. 

Sec.  4.  That  the  Agent  shall  locate  the  Scrip  and  report  to  the 
State  Land  Office. 

Sbo.  5.  That  the  Register  shall  file  and  record  the  report  and 
send  a  certified  copy  of  it  to  the  General  Land  Office,  and  demand 
and  receive  a  patent  for  the  land,  and  shall  notify  the  Governor 
when  the  patent  is  received,  and  that  the  Governor  shall  patent  to 
the  county. 

Seo.  6.    That  the  agents  shall  give  bonds. 

Sbo.  7.  That  the  agents  shall  act  under  instructions  of  the  Gk)v- 
emor  and  Register,  but  shall  not  receive  any  of  the  money  from 
the  government. 

Sbo.  8.  That  upon  information  that  any  of  the  money  due  the 
State  can  be  obtained,  the  Register  shall  notify  the  Treasurer  of 
that  fact,  and  also  to  what  county  it  belongs. 

Sec.  9.    Thati  the  Treasurer  shall  notify  die  county  when  amy 


REGISTER  OF  THE  STATE  LAND  OFFICE.  47 

money  due  it  is  received,  and  the  county  shall  appoint  an  agent 
and  send  with  an  order  tor  the  money,  &c. 

Seo.  10.  That  the  agent  shall  give  bond  in  double  the  amount 
of  money  to  be  drawn. 

Sec.  11.  That  these  agents  shall  receive  $3,00  per  day.  to  be 
paid  by  the  counties. 

Seo.  12.  That  the  agents  appointed  by  the  Governor  shall 
receive  $4,00  per  day,  to  be  paid  by  the  counties  in  proportion  to 
the  amount  of  money  and  lands  received. 

Sec.  13.  That  fecial  agents  may  be  appointed  for  the  different 
counties  desiring  it,  to  make  settlement  with  the  Commissioner  of 
the  General  Land  Office,  upon  the  recommendation  or  nomination 
of  the  Boards  of  Supervisors.  That  such  agents  may  receive  the 
proceeds  of  such  settlement  for  their  respective  counties.  The 
costs,  expenses  and  compensation  to  be  paid  by  the  counties.  {Acts 
1862,  J?.  186.) 

Under  the  Act  of  April  8,  1862,  twenty-four  of  the  counties  have 
had  special  Swamp  Land  agents  appointed,  and  other  applications 
for  appointment  have  been  made  that  were  rejected,  and  some  not 
yet  acted  upon. 

Besides  these,^  there  have  been  five  general  agents  appointed  and 
commissioned  for  certain  districts  together,  covering  the  entire 
State.  One  of  these  General  Agents,  (Samuel  Townsend,)  is  at 
Washington,  where  he  has  been  for  some  time,  attending  to  Swamp 
Land  business.  The  several  agents  have  no  doubt  labored  earnestly 
to  accomplish  a  settlement  with  the  General  Land  Office,  but  have 
not  met  with  the  success  that  was  anticipated. 

The  following  table  exhibits  the  number  of  acres  of  these  lands 
selected,  number  patented,  number  certified  as  enuring  to  State, 
number  certified  as  having  been  entered  by  land  warrants,  number 
certified  as  having  been  entered  by  cash  prior  to  selections,  cash 
and  scrip  indemnity  settled  and  allowed  by  the  Department,  and 
number  of  acres  for  which  indemnity  scrip  has  been  issued  for 
each  county,  so  far  as  shown  by  the  records  of  this  office.  (The 
indemnity  so  far  settled  and  allowed  for  the  several  counties  shown 
in  this  table  is  furnished  by  a  report  of  Samuel  Tcwnsend,  S.  L. 
agent  at  Washington,  of  date  November  14,  1863.) 


REPORT  OF  THE 


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52  REPORT  OF  THE 

The  selections  of  some  of  the  counties  were  reported  directly  to 
the  Surveyor  General,  and,  except  in  one  or  two  instances  such  Ge- 
lections  have  not  found  their  way  to  this  Office,  hence  we  are  unar 
ble  to  give  M  the  selections. 

The  General  Land  Office  has  changed  its  ruling  and  requires  a 
different  form  to  be  observed  for  the  affidavit  or  certificate  of  the 
Selecting  Officer ;  one  difficult  if  not  impossible  to  comply  with. 
The  selections  of  O'Brien  and  some  other  counties,  sworn  to  by 
the  Selecting  Officers  in  the  form  formerly  recognized  and  received 
ty  the  Department,  have  been  rejected  by  the  Surveyor  General, 
under  instructions  of  General  Land  Office  of  June  28, 1860.  (Ap- 
pendix No.  1.)  The  new  form  required  (Appendix  No.  2)  has  not 
been  complied  with  in  any  instance  ;  but  the  rejected  reports  have 
been  returned  to  the  Surgeon  General,  with  a  request  to  retain  the 
same  and  await  the  result  of  an  effort  now  being  made  to  procure 
a  modification  of  the  form.  The  indemity  scrip  issued  for  Story 
county  has  been  located  ;  aTid  the  lands  patented  to  the  State 
amounting  to  11,835,30  acres.  The  scrip  for  Louisa,  Cass,  Page, 
Monona,  Adams,  Montgomery  and  Audubon  counties  has  been 
located,  but  the  lands  selected  are  not  yet  patented. 

The  indemnity  (both  cash  and  scrip)  for  Lucas  county  was  de- 
livered by  the  Commissioner  of  the  General  Land  Office  to  Robert 
Cole,  Special  Agent  for  that  county,  and  never  came  to  this  Office. 

The  following  are  the  counties  that  have  filed  proof  for  indem- 
nity in  the  General  Land  Office,  together  with  the  dates  of  their 
respective,  several  different  filings,  as  appears  fi^m  the  report  of 
Samuel  Townsend,  S.  L.  Agent  at  Washington,  to-wit: 

Appanoose,  July  3,  1861 ;  Adams,  October  31  and  November  6, 
1861 ;  Audubon,  February  6, 1862 ;  Adair,  October  3, 1862 ;  Allsr 
makee,  February  23  and  May  16,  1863 ;  Boone,  September  2S, 
1860  and  December  10, 1861 ;  Bremer,  February  21, 1863 ;  Butler, 
February  21,  1863 ;  Buchanan,  July  11,  1863 ;  Blackhawk,  Sep- 
tember 24,  1863 ;  Clinton,  August  27,  1860 ;  Cedar,  August  14, 
October  31  and  December  19, 1860,  and  March  22, 1862 ;  Chick- 
asaw, August  1,  3,  and  10,  and  June  2, 1862 ;  Cass,  September  17, 
1862,  July  16  and  October  21,  1863  ;  Clayton,  January  12, 1868; 
Clark,  October  21, 1863 ;  Des  Moines,  July  8, 1861 ;  Dallas,  Octo- 
ber 2,  1861  and  January  30,  1862  ;  Decatur,  July  1,  1862 ; 
Dubuque,  May  16,  1861 ;   Fremont,  October  31,  1861 ;   Floyd, 


RBGI8TBR  OF  THE  STATE  LAND  OFFICE.  53 

February  23, 1868 :  Fayette,  January  12, 1862 ;  Guthrie,  February 
6, 1862  and  July  3, 1863 ;  Qreene,  October  19,  1863 ;  Harrison, 
August  16, 1861 ;  Henry,  October  2, 1861 ;  Iowa,  June  2, 1862  ; 
Jasper,  November  23, 1860 ;  Jones,  December  28, 1861  and  June 
2d  and  12,  1862 ,  Johnson,  July  9, 1862  and  February  23, 1863 ; 
Keokuk,  December  15, 1856 ;  Lucas,  June  23, 1860 ;  Louisa,  Sep- 
tember 22, 1860 ;  Marshall,  December  19,  1860 ;  Mahaska,  March 
6, 1861  and  August  21,  1863 ;  Monona,  November  16,  1860  and 
May  23,  1863 ;  Mills,  October  21,  1861  and  January  12,  1863 ; 
Montgomery,  Oct.  31, 1861  and  Jan.  12,  1862;  Marion,  Feb.  6, 
1862;  Polk,  Feb.  22  and  July  8, 1861;  Page,  Oct.  31,  1861;  Pot- 
tawattamie,  Dec.  28,  1861 ;  Story,  Sept.  22,  1860,  and  Jan.  12, 
1868;  Sac,  Feb.  18,1862;  Shelby,  Aug.  5,  and  Oct.  21,  1863; 
Tama,  Aug.  14,  1860;  Union,  June  11,  1862;  Washington,  Oct. 
31, 1860,  and  Jan.  26, 1861;  Winneshiek,  Feb.  18, 1863;  Wright, 
July  11, 1863;  Warren,  Aug.  1,  and  Oct.  21, 1863;  Wayne,  Aug. 
12,  and  Oct.  21, 1863.  But  few  of  the  Counties  sent  their  proof 
through  this  office.  We  are  therefore  unable  to  give  the  number 
of  acres  upon  which  proof  has  been  offered. 

The  act  of  September  28,  1850,  provides  that  the  Secretary  of 
the  Interior  shall  make  out  lists  of  the  swamp  lands,  and  transmit 
them  to  the  Governors  of  the  States,  &c.;  but,  notwithstanding  this 
provision,  the  department  gave  to  the  States  desiring  to  do  so,  the 
privilege  of  selecting  their  swamp  lands.  Iowa  was  one  of  those 
States,  and  proceeded  to  make  her  own  selections,  by  agents 
appointed  for  that  purpose,  under  her  laws;  and  her  right  to  make 
them,  and  the  manner  in  which  they  have  been  made,  have  never 
been  questioned  by  the  United  States. 

Thirteen  years  have  elapsed  since  the  28th  September,  1850,  and 
yet  the  administration  of  this  grant  is  not  completed,  nor  is  the 
prospect  for  a  speedy  settlement  as  flattering  as  could  be  desired. 

The  legislation  of  the  State  has  been  extensive,  and,  in  some 
particulars,  unncessary;  but  the  difficulty  in  the  administration  of 
the  grant  cannot  be  attributed  to  that  fact,  nor  to  anything  done  by 
the  State  in  the  premises.  It  is  found  in  the  course  pursued  by  the 
Land  Department  at  Washington — a  course  that  seems  marked  by 
the  most  determined  and  persistent  hostility  to  the  interest  of  this 
State. 

By  reference  to  a  few  decisions  and  acts  of  that  department. 


54  RBPORT  OF  THE 

(which  it  appears  proper  in  vindication  of  the  State  in  notice)  it 
will  become  apparent  that  the  State  of  Iowa  is  to  lose  a  large 
amonnt  of  land  and  particularly  a  large  claim  for  indemnity  to 
which  she  is  entitled  under  the  Swamp  Land  grant,  and  compara- 
tiyely  to  receive  but  little  benefit,  whereas  other  States  and  espe- 
cially the  Southern  States  have  been  fairly  dealt  by  in  the  adQunia- 
tration  of  this  grant. 

The  original  construction  given  to  the  Act  of  28th  September, 
1850,  was,  that  it  was  not  a  present  grant  and  did  not  attach  to  nor 
effect  the  land  till  it  was  selected  and  reported  to  the  proper  officer 
for  approval,  and  that  the  title  thereto  did  not  vest  in  the  State  till 
the  patent  therefor  was  issued.  This  was  the  holding  of  the 
Department  under  the  decision  of  Secretary  Stuart,  up  to  23d 
December,  1851,  when  he  reversed  his  decision  and  held  that  the 
Act  of  September  28, 1850  was  a  grant  m  jn^esenti.  This  is  the 
correct  construction,  as  has  been  decided  by  our  own  Supreme 
Court  in  the  case  of  Allison  v.  HalfSEU^re,  (11  lawa^  p.  460.  See 
opvmon  of  Attorney  General  Mach^  Appendix  No.  8,)  and  has 
been  acquiesced  in  by  the  Government  to  the  present.  The  Act 
of  28th  September,  1860  being  a  grant  m  presenti^  conveyed  to 
the  State  at  the  time  of  its  passage,  all  lands  coming  within  the 
description  of  the  grant. 

Notwithstanding  that  fact,  the  ordinary  system  of  selling  and 
locating  the  public  lands  at  the  various  Government  Land  offices 
continued  in  full  operation.  The  result  was  that  thousands  of 
entries  and  locations  were  made  of  lands  that  were  afterwards 
selected  and  claimed  as  Swamp  lands.  Here  arose  a  serious  diffi- 
culty for  the  Government.  Having  parted  with  her  right  and  title 
in  the  lands  by  the  Act  of  28th  September,  1860,  she  had  no  right 
to  dispose  of  them  again  and  henoe  the  titles  she  might  make  to 
these  purchasers  and  locators  would  be  void.  It  therefore  became 
necessary  to  withdraw  all  the  public  lands  from  sale  till  the  Swamp 
Land  selections  were  completed,  and  to  declare  these  entries  and 
locations  void  or  to  provide  some  means  for  the  relief  of  those 
purdiasers  and  locators. 

Oongress  provided  relief  by  the  passage  of  the  Act  of  March  2, 
1855,  affirming  those  sales  and  locations  and  granting  to  the  State 
the  indemnity  provided  for  in  that  act. 

This  act  provides,  that  tspon  due  proof  by  the  av^Jumzed  Agent 


REGISTER  OF  THE  8TiLTE  LAKD  OFFICE.  55 

df  the  State  hefore  the  GormrUsdaner  of  the  Oeneral  Lamd  office^ 
thai,  ami  of  ike  lands  pwchased  were  Swamp  la/nds  withm  the  true 
intent  and  mea/nmig  of  the  Act  aforesaid^  {Sept.  28, 1850,)  the  pv/r- 
chase  money  shaU  be  paid  over  to  the  State^  and  where  the  lands 
have  been  located  hy  wa/rra/nt  or  sorip^  the  State  shaU  be  authorized 
to  locate  a  like  ammtmi  upon  am/  of  the  public  lands^  d:c. 

The  form  and  subBtance  of  proof  to  be  fdmiflhed  by  the  State  of 
Iowa  to  entitle  her  to  indemnity  under  the  provisions  of  said  Act, 
were  a^eed  upon  in  the  year  1869,  between  his  Excellency,  Balph 
P.  Lowe,  then  Governor,  and  the  Land  Department  at  Washing- 
ton. The  State,  at  great  expense,  proceeded  to  Aimish,  through 
its  agents,  a  large  •amount  of  proof  in  the  form  and  substance 
agreed  upon,  showing  the  character  of  many  of  the  lands  selected 
as  Swamp  lands  and  disposed  of  by  the  Government  since  tl;e  28th 
September,  1850,  to  be  such  as  was  contemplated  by  the  Act  of 
that  date,  but  no  sooner  was  this  done  and  the  instructions  fully 
complied  with  in  the  premises,  than  the  Department  repudiated 
these  proofs  and  prescribed  a  new  and  different  form  of  proof  with 
an  evident  design  to  render  a  compliance  therewith  impossible,  for 
under  these  new  instructions  it  is  believed  not  one  acre  in  ten 
already  selected  can  be  secured  to  the  State.  (Appendix  JVb,  4 
(md  5.)  This  adverse  decision  was  rendered  on  the  27th  June, 
1862,  whilst  many  of  the  counties  were  getting  up  and  forwarding 
proof  according  to  the  old  form.  At  the  interposition  of  our  dele- 
gates in  Congress,  the  Secretary  reviewed  and  so  £u:  changed  his 
decision  as  to  receive  and  consider  all  proof  for  indemnity  filed  in 
the  General  Land  ofiSice  prior  to  27th  June,  1862,  but  all  filed  sub- 
sequent to  that  date  must  conform  to  the  new  instructions,  thus 
making  it  necessary  to  retake  a  large  amount  of  proof,  at  great 
expense  to  the  counties. 

But  of  all  the  adverse  decisions  of  the  Department,  the  one 
fraught  with  the  greatest  injury  to  the  State  of  Iowa,  h  one  cutting 
off  all  claim  for  indemnity  in  counties  where  the  swamp  land  selec- 
tions were  made  after  the  3d  of  March,  1857.  It  is  a  notorious 
fact,  that  many  of  the  counties  were  not  in  a  condition  to  make 
their  selections  prior  to  that  date;  nor  is  there  any  thing  in  the 
grant,  nor  any  subsequent  act  of  Congress,  making  it  necessary. 

It  seems  that  the  Commissioner  of  the  General  Land  Office  called 
the  attention  of  my  predecessor  (A.  B.  Miller)  to  this  subject,  as 
early  as  May  31st,  1862,  by  the  following  letter : 


56  REPORT  OF  THE 

GENERAL  LAND  OFFICE,  > 
Mat  8l8t,  1802.     ] 

"A.  B.  MiLLEB,  Esq.,  Register  State  Lamd  Office^  Des  Moinesy 
Iowa: — Sib: — Your  letter  of  the  16th  inst.,  addressed  to  the  Hon. 
Secretary  of  the  Interior,  has  been  referred  to  this  office,  and  as  a 
reply  thereto,  I  have  to  state,  that  no  indemnity  is  provided  to  the 
States  for  svramp  lands  disposed  of  by  the  General  Government, 
nnless  the  lands  shall  have  been  duly  selected  and  reported  to  this 
office  as  swamp  lands,  on  or  prior  to  the  date  of  the  act  of  March 
8d,  1867. 

Very  respectfully,  your  obdient  servant, 

J.  M.  EDMUNDS,  Commissioner. 

This  letter  was  followed  by  others  to  various  State  Agents  of 
similar  import.  And  it  seems  that  the  Hon.  Commissioner  has 
officially  decided  the  question  as  indicated  in  the  foregoing  letter, 
in  a  case  made  up  by  the  American  Emigrant  Company  for  Wright 
County,  in  this  State. 

Wright  County  made  her  selections  since  the  8d  of  March  1867, 
and  the  American  Emigrant  Company,  assignees  of  Wright  County, 
and  standing  in  the  position  of  the  State  of  Iowa  in  the  contro- 
versy presented  to  the  Commissioner  of  the  General  Land  Office 
proof  made  out  in  conformity  with  the  recent  and  more  strict  in- 
structions and  form  for  indemnity  for  about  9,000  acres  of  swamp 
land  located  since  the  28th  of  Sept.,  1860. 

The  Indemnity  was  refused  by  the  Commissioner,  and  the  com- 
pany have  appealed  to  the  Secretary  of  the  Interior.  They  have 
prepared  and  printed  an  elaborate  argument  (a  copy  of  which,  fur- 
nished me  by  the  Company,  I  herewith  submit,)  (see  Appendix 
No.  6,)  presenting  this  whole  question  and  showing  conclusively 
that  under  a  fair  construction  of  the  acts  relative  to  this  Grant,  the 
State  is  entitled  to  indemnity  for  all  swamp  lands  disposed  of  by 
the  Government  since  Sept.  28,  1880,  whether  the  selections  were 
made  since  or  prior  to  the  3d  of  March,  1867. 

Most  of  the  Western  and  North-Westem  Counties  and  others 
nearly  all  over  the  State,  made  and  reported  their  selections  after 
that  date,  and  if  the  theory  of  the  Commissioner  prevails,  that 
Grant  that  has  given  so  much  to  other  States  will  confer  upon  this 
comparatively  but  little. 

The  total  amount  claimed  by  this  State  under  the  act  of  Sept. 


BEGISTEB  OF  THB  BTATB  LAND  OFFICE.  57 

28, 1850,  does  not  exceed  4,000,000  acres,  whilst  Michigan  received 
9,000,000,  and  Illinois  and  the  Southern  States  claiming  mnch 
larger  amounts,  have  all  got  their  claims  settled  long  since  without 
difficulty.  But  notwithstanding  that  fact  and  that  Iowa  has  ex- 
pended enormous  sums  of  money  in  making  the  selections,  pro- 
caring  proof,  &C.,  and  done  all  in  her  power  to  hasten  a  final  and 
favorable  settlement  of  the  Grant,  it  seems  to  be  the  special  design 
of  the  Department  at  Washington  to  thwart  her  efforts.  And  by 
decisions  inimical  to  the  Grant  itself,  and  by  every  pretext  to  de- 
lay its  administration  and  to  curtail  the  advantages  the  State  is  en- 
titled to  receive  therefrom. 

.  K  this  policy  of  the  Department  cannot  be  changed,  the  State 
had  better  give  up  a  large  share  of  her  claims  under  this  Grant  and 
avoid  any  further  expense  and  trouble  in  reference  thereto. 

I  would  suggest  that  you  recommend  the  General  Assembly  to 
call  the  attention  of  our  Delegates  in  Congress  to  this  matter,  and 
by  Joint  Kesolution  to  urge  them  to  procure  a  change  of  this  pol- 
icy, and  if  necessary  to  procure  the  passage  of  an  Act  protecting 
the  interest  of  the  State,  and  securing  to  her  indemnity  for  all 
swamp  lands  sold  by  the  Government  since  Sept.  28,  1850. 

Immediate  action  should  be  urged.  It  was  through  the  efforts 
of  our  members  of  Congress  in  response  to  the  memorial  of  the 
Legislature  of  July  12, 1856,  and  Joint  Resolution  of  Dec.  18th, 
1856,  that  the  act  of  the  3d  of  March,  1857,  was  passed,  and  the 
State  was  saved  from  the  fatal  results  following  the  then  ruinous 
policy  of  the  Department  in  permitting  contests  before  the  Land 
Officers,  as  to  the  character  of  land  already  selected  and  returned 
as  Swamp  Land.  A  similar,  early  and  earnest  effort  may  now 
prove  of  incalculable  advantage  to  the  State. 

Early  in  the  administration  of  this  Grant,  the  Department 
seemed  to  receive  the  impression  that  Iowa  was  acting  in  bad 
&ith  ; — ^that  she  had  selected  a  large  amount  of  dry  lands, — and 
that,  as  if  conscious  of  being  in  the  wrong,  and  wishing  to  avoid 
difficulty  with  the  General  Government,  she  had  transferred  her 
interest  to  the  counties,  and  the  counties  to  private  speculators  and 
land-sharks,  who,  by  means  of  this  grant,  are  endeavoring  to  per- 
petrate a  gigcmtic  frcmd  upon  the  General  Government.  I  say 
such  seems  to  have  been  and  still  to  be  the  impression  at  the 
Department  at  Washington ;  and  to  its  prevalence  in  a  great  de- 
8 


58  RfiPOBT  OF  THB 

gree,  if  not  altogether,  may  be  attributed  the  difficulty  we  there 
meet  with. 

Whilst  I  do  not  claim  that  aU  the  lands  selected  are  swamp  land 
within  the  meaning  of  the  Grant,  I  do  say  that  neither  the  State 
nor  the  connties  designed  any  fraud  upon  the  Gk>vemment;  and 
that  the  amount  of  dry  land  selected  is  not  sufficient  in  quantity 
to  warrant  any  such  opinion,  or  justify  even  a  suspicion  of  unfaii^ 
ness.  Many  of  these  lands  were  selected  in  the  years  1854  and 
1855,  immediately  after  several  remarkably  wet  seasons,  and  it  ie 
not  strange  that  the  Agents  then  did  select  some  as  swamp  and 
overflowed  land  which  would  not  appear  as  such  after  a  few  sue- 
eeeding  dry  seasons.  And  it  is  equally  easy  to  account  for  the  dry 
land  (if  any  there  be)  in  the  later  selections,  consistently  with 
good  faith.  The  only  act  of  the  State  that  can  be  reasonably  con- 
strued into  a  support  of  this  Mse  impression,  is  the  Act  of  the 
General  Assembly  approved  April  8,  1862,  {Chap.  160.)  That 
Act  authorizes  the  appointment  of  a  special  Agent  for  each  of  the 
counties,  to  settle  their  claims  under  this  Grant  with  the  Commis- 
sioner of  the  General  Land  office.  Many  of  the  counties  have  had 
these  Agents  appointed,  and  in  some  instances  parties,  who  for  a 
mere  private  speculation,  have  purchased  the  interest  of  counties, 
get  themselves  appointed  special  Agents  and  go  to  Washington  to 
press  their  claims  before  the  Commissioner.  Sudi  eases,  and  the 
multitude  of  Agents  thus  brought  in  contact  with  the  Department, 
each  urging  the  claim  of  his  own  particular  county  or  locality, 
without  regard  to  the  others,  are  calculated  to  rivet  upon  the  mind 
of  the  Commissioner  the  erroneous  impression  previously  received. 
My  opinion  is,  that  this  Act,  instead  of  expediting  a  settlement  of 
this  matter,  has  retarded  it,  and  will  continue  in  its  operation  to 
militate  against  the  interest  of  the  State.  I  would  therefore 
recommend  its  repeal, — ^that  no  more  Agents  be  appointed  under 
it, — ^and  the  passage  of  an  Act  appointing  some  energetic  and 
competent  man  as  ,  Agent,  clothed  with  authority  to  transact  all 
business  on  behalf  of  the  State  necessary  to  a  settlement  of  thie 
Grant,  and  making  it  his  duty  to  proceed  at  once  to  the  work,  and 
to  effect,  as  soon  as  the  interests  of  the  State  will  permit,  a  final 
settlement  with  the  United  States.  We  will  thus  have  one  recog- 
nized Agent  through  whom  all  this  business  will  be  done  with  the 
Department,  (the  special  Agents  and  Assignees  of  counties  acting 
in  connection  with  and  through  him,)  and  will  relieve  the  Land 


REGISTER  OF  THE  STATE  LAND  OFFICE.  5^ 

OflScers  there  of  the  vexation  of  the  present  system,  and  will,  in 
my  humble  opinion,  reach  a  more  speedy  and  favorable  termination 
in  the  administration  of  this  Grant. 

Some  time  after  the  first  selections  were  made,  numerous  appli- 
cations were  made  to  the  local  Land  Offices  by  persons  desiring  to 
enter  parcels  of  the  Swamp  Lands,  and  offering  to  prove  that  they 
were  not  swamp  lands.  In  such  cases  the  General  Land  Office 
ordered  a  trial  to  be  had  betbre  the  local  Land  Officers,  and  if  they 
should  decide  the  land  to  be  dry,  the  applicant  was  permitted  to 
enter  it,  and  the  claim  of  the  State  was  to  be  rejected. 

ITnder  this  ruling,  land  claimed  as  dry,  in  many  instances,  came 
fully  within  the  grant.  In  some  cases,  at  least,  it  was  claimed  and 
proved  to  be  dry  and  tillable,  whereas,  the  applicant  and  his  wit- 
nesses had  rafted,  and  seen  others  raft,  saw  logs  off  of  and  across  it 
during  the  high  stages  of  water  in  the  neighboring  river,  for  seasons 
in  succession ! 

In  fact,  an  enterprise  was  set  on  foot  by  some  specnlators,  to 
wrest  from  the  counties  a  large  amount  of  the  swamp  lands  in  the 
western  part  of  the  State.  Affidavits  were  bought.  Irresponsible 
and  reckless  men  were  found,  who,  for  a  few  dollars  for  each  affi- 
davit, would  testify  to  the  character  of  land  that  they  never  saw. 
Applications  multiplied  here  and  elsewhere,  until  they  reached,  as 
stated  by  the  Commissioner  of  the  General  Land  Office,  8,000,000 
acres,  when  the  General  Assembly,  seeing  the  effect  of  the  course 
pursued,  caDed  the  attention  of  Congress  to  the  matter,  by  the 
memorial  and  resolution  above  referred  to,  and  urged  the  passage 
of  an  act  confirming  to  the  State  all  the  lands  selected  as  swamp 
land.  The  act  of  Congress  of  March  3d,  1857,  was  intended  as  a 
fvU  and  complete  confirmation  of  all  the  selections,  as  claimed  by 
the  State  under  the  act  of  September  28, 1860,  and  March  2, 1855, 
and  designed  to  secure,  without  further  difficulty,  the  patenting  to 
the  State  of  the  same.  Such  as  the  General  Government  had 
already  parted  with  her  title  to,  and  such  as  were  interfered  with 
by  actual  setUemervt^  were  excepted.  The  first  exception  was  in- 
tended for  those  swamp  lands  disposed  of  by  the  General  Govern- 
ment since  the  28th  September,  1860,  and  which  were  provided  for 
in  the  act  of  March  2,  1865.  It  was  right  that  this  class  of  land 
should  be  excluded.  It  was  already  sold  by  the  United  States,  and 
the  title  confirmed.    It  was  otherwise  appropriated^  and  not  vacantj 


00  REPORT  OF  THB 

and  the  State  was  to  take  the  indemnity  provided.  The  other 
exception  was  designed  to  protect  persons  having  the  right  of  pre- 
emption by  settlement  upon  the  public  lands.  But  the  Commis- 
sioner of  the  General  Land  Office  holds  that  it  is  only  a  quaHijied 
confirmation  of  the  selections.  {See  his  coTrmmnication  to  the  Sec- 
retary of  the  Interior,  of  October  11, 1861 — Appendix  No,  7.  And 
by  this  qualification  it  is  sought  to  sustain  the  action  of  the  depart- 
ment in  rejecting  the  claim  of  the  State  to  a  large  amount  of  these 
lands  as  swamp,  and  certifying  them,  under  the  act  of  15th  May, 
1866.  This  brings  me  to  the  conflict  between  the  swamp  and  rail- 
road grants. 

The  Railroad  Companies  claim,  under  the  Act  of  May  15,  1856, 
all  Swamp  Lands  in  odd  numbered  Sections  within  the  limits  of 
their  several  roads,  and  seem  to  tender  several  issues  : 

1st.  They  plant  themselves  on  the  first  or  original  construction 
of  the  Grant  of  September  28,  1850  ;  and  insist  that  no  title  vests 
in  the  State  to  the  Swamp  Lands  till  she  receives  patents  therefor. 
Hence  if  they  can  secure  (as  they  have  done)  a  rejection  by  the 
Department  of  the  claim  of  the  State  under  the  Swamp  Grant,  and 
the  recognition  and  approval  of  the  lands  under  the  Railroad  Grant, 
they  claim  their  title  is  secure. 

2d.  Provided  they  fail  on  the  first  issue :  They  claim  the  right 
to  contest  the  swampy  character  of  the  lands  ;  and  having  procured 
the  approval  under  the  Act  of  1856,  they  thus  throw  the  burden  of 
proof  upon  the  State,  expecting  to  hold  all  that  is  not  shown  affirm- 
atively to  be  swamp. 

3d.  They  claim  that  their  right  to  these  lands  had  attached 
prior  to  the  Act  of  3d  March,  1857,  and  is  not  affected  by  it  ;  and 
fiirther  that  their  rights  are  protected  by  the  exception  contained 
in  that  Act. 

We  have  already  seen  that  the  construction  given  to  the  Grant 
of  1850  by  the  General  Government  since  December  1851  is  that 
it  was  a  present  Orard  and  that  no  patent  is  necessary  to  convey 
the  title.  The  patent  is  but  the  evidence  of  title,  and  therefore  if 
a  State  is  in  such  a  situation  to  demand  a  patent,  she  has  the  title 
already  vested. — (See  Atfy.  Oen.  Bldck^a  opmion,  Appendix  No.  3.) 
This  view  of  the  Act  is  confirmed  by  the  passage  of  the  Act  of 
March  2, 1855.  If  the  title  to  the  Swamp  Lands  did  not  vest  in  the 
States  till  the  issuing  of  the  patents,  the  sales  thereof  made  by  the 


REGISTER  OP  THE  STATE  LAND  OFFICE.        gl 

United  States  to  individaaU  up  to  that  time  would  be  valid  and 
there  would  be  no  necessity  for  the  indemnity  provided  for  by  that 
Act. 

These  lands  have  been  certified  to  the  State  under  the  Bailroad 
Grant,  pursuMit  to  a  decision  of  Secretary  Thompson  of  February 
8,  1860.  {Ajppendia  No.  8.)  This  decision  requires  the  Commis- 
sioner to  determine  from  the  records  and  files  of  the  General  Land 
Office  whether  the  land  did  pass  by  the  Swamp  Grant.  In  other 
words,  to  determine  the  question  from  the  Jidd  notes  of  the  origmtd 
surveys.  If  they  appeared  from  that  record  to  be  swamp  and  over- 
flowed lands,  they  were  to  be  certified  as  Swamp  Lands,  if  not 
they  must  be  certified  as  Bailroad  Lands. 

The  great  error  in  this  decision  is  apparent  to  every  one  familiar 
with  the  very  loose  and  careless  manner  in  which  the  public  lands 
in  the  West  have  been  surveyed. 

The  fact  as  to  whether  the  land  was  dry  or  wet  was  considered 
immaterial.  Very  little  attention  was  paid  to  it  by  the  Surveyor. 
There  was  no  interest  or  rights  involved  ;  and  hence  thousands  of 
acres  of  swampy,  marshy  and  overflowed  lands  are  not  dis- 
tinguished upon  the  Field  Notes. 

On  the  other  hand  the  Agents  of  the  State,  in  selecting  lands 
under  the  Swamp  Grant,  act  under  oath,  and  with  a  direct  refer- 
ence to  the  character  of  the  land.  Great  interests  are  to  be  de- 
termined by  that  one  fSact,  and  with  a  full  knowledge  of  the  impor- 
tance of  the  issue,  the  Agents  address  themselves  solely  to  the  one 
point. 

The  selections  thus  made  ought  at  least  to  have  been  considered 
prima  facie  Swamp  Lands,  and  then  unless  the  Bailroad  Compa- 
nies show  otherwise  by  clear  and  competent  proof  they  should  be 
patented  under  the  Act  of  September  28,  1850. 

This  decision  is  manifestly  unjust  towards  the  States,  and  under 
it  the  Commissioner  has  certified  thousands  of  acres  to  the  State 
for  Bailroad  purposes  that  come  fully  and  completely  within  the 
Swamp  Land  Grant.  The  Secretary  of  the  Interior  refuses  to  re- 
view this  decision — at  leaet  so  far  as  to  affect  lands  already  certi- 
fied. 

The  amount  of  Swajip  Lands  thus  certified  (as  stated  elsewhere 
in  this  Beport)  is  558,293.33  acres ;  and  so  far  as  these  lands  are 
concerned,  on  the  part  of  the  United  States,  the  controversy  is  at 


iB2  REPORT  OF  THE 

WL  end.  But  the  Commifiaioner  of  the  General  Land  Office,  in 
iBsaing  a  patent,  ie  but  a  mimsterial  ojloer^  {Arnold  vs.  Crrimes  et 
al,y  2  Clarke,  p.  1  to  20,)  and  his  acts  are  not  condusive  and  bind- 
ing, except  upon  the  General  Government.  They  are  not  oondu- 
aive  as  to  the  right  of  the  State  or  other  parties.  These  lands 
were  selected  under  the  Swamp  Land  Grant,  long  before  the  Act 
of  Maj  15,  1856,  and  were  granted  by  the  State  to  the  counties, 
which  proceeded  to  sell  and  dispo^  of  them,  in  many  instances 
Appropriating  the  proceeds,  in  accordance  with  the  provisions  of 
the  Grant.  Thus,  some  of  the  counties  have  expended  enormous 
sumfi  of  money  in  reclaiming  these  very  lands.  In  view  of  all 
these  facts,  and  with  a  full  knowledge  of  the  disapprobation  of  the 
State,  the  Department  has,  under  the  decision  aforesaid,  rejected 
her  chum,  and  certified  the  lands  to  the  Ilailroads. 

From  the  opinion  of  the  Attorney  General  of  this  State,  dated 
March  4,  1862,  and  submitted  to  the  General  Assembly,  (see  Ap- 
pendix No.  9),  and  from  a  letter  from  the  then  Acting  Commis- 
sioner of  the  General  Land  Office,  of  August  20, 1856,  (Appendix 
Ko.  10),  these  Railroad  Companies  were  not  entitled  even  to  oanr 
test  the  right  of  the  State  to  these  lands  under  the  Swamp  Grant. 

When  the  Railroad  Grant  was  passed,  it  was  not  expected  nor 
intended  that  it  should  include  any  of  the  Swamp  Lands ;  they 
were  already  disposed  of  by  the  Government;  nor  did  the  Railroad 
•Companies  at  the  time  of  their  acceptance  of  the  Grant,  under  Act 
of  the  General  Assembly,  expect  to  receive  any  of  these  lands, 
but  finding  the  way  opened  by  the  rulings  and  decisions  of  the 
Department,  adverse  to  the  daim  of  the  State,  by  their  Agents 
acting  in  the  name  of  the  State,  have  procured  the  approval  to 
them  as  aforesaid. 

The  General  Assembly,  by  Joint  Resolution,  approved  April  7, 
1862,  expressly  repudiate  the  acts  of  the  Railroad  Companies  in 
the  premises,  and  disclaim  any  intention  upon  the  part  of  the  State 
to  claim  these  lands  under  any  other  Grant  than  the  Act  of  Sept. 
28, 1850.     {See  Acts  1852,  p.  248.) 

If  any  Legislation  can  be  devised  by  the  General  Assembly  that 
will  meet  the  case  and  compel  the  Railroad  Companies  to  relin- 
quish their  claim  to  these  lands,  it  ought  to  be  immediately  done. 
At  all  events,  these  lands  should  not  be  certified  or  transferred  by 
the  State  to  the  RaUroad  Companies.     So  that  if  the  several  Coun- 


REGISTER  OF  THE  STATE  LAIU)  OFFICE.  gg 

ties  are  compelled  to  resort  to  tlie  Courts  to  avert  the  impending 
damage  and  establish  their  rights,  they  may  not  have  to  contend 
against  the  Executive  sanction  of  the  State  to  the  erroneous  course 
and  acts  of  the  Land  Department  at  Washington, 

(In  order  to  facilitate  a  more  full  and  correct  understanding  of 
matters  connected  with  this  grant,  I  attach  to  this  Beport  an  Ap- 
pendix containing  the  documents  hereinbefore  more  particularly 
referred  to.) 

7th— THE  RAILROAD  GRANT. 

The  act  of  Congress,  approved  May  15th,  1856,  making  a  grant 
of  lands  to  aid  in  the  construction  of  certain  Railroads,  grants  to 
the  State  of  Iowa,  and  makes  subject  to  the  disposal  of  the  Le^s- 
lature  under  the  restrictions  contained  in  said  act,  for  the  sole  pur- 
pose of  aiding  in  the  construction  of  said  Roads,  to-wit:  1st.  One 
from  Burlington,  on  the  Mississippi  River  to  a  point  on  the  Mis- 
souri River  near  the  mouth  of  the  Platte  river.  2d.  One  from  |he 
CSty  of  Davenport  via  Iowa  City  and  Fort  Des  Moines  to  Council 
Bluflfe.  8d.  From  Lyons  City  north-westerly  to  the  main  line  of 
the  Iowa  Central  Air  Line  R.  R.  near  Maquoketa,  thence  along 
said  line  near  the  42d  parallel  to  the  Missouri  River.  4th.  From 
Dubuque  to  a  point  on  the  Missouri  River  near  Sioux  City,  with  a 
branch  from  the  mouth  of  the  Tete  Des  Morts  to  the  nearest  point 
on  said  road,  every  alternate  section  designated  by  odd  numbers 
within  six  miles  or  for  six  sections  in  width  on  each  side  of  the 
line  of  each  of  said  roads,  and  provides  that  in  case  any  of  the 
lands  thus  designated  have  been  disposed  of  by  the  General  Gov- 
ernment, the  State  may  select  in  lieu  thereof  other  unappropriated 
lands  in  odd  numbered  sections,  not  extending  more  than  fifteen 
miles  on  either  side  from  the  line  of  said  Roads. — {See  U.  8,  Stat 
(Ulargej  1855-6,^.  9.  JRev.  1860,  je?.  916. 

On  the  14th  of  July,  1866,  the  Legislature  of  the  State  of  Iowa, 
in  Special  Session,  passed  an  act  accepting  said  grant,  and  making 
the  following  disposition  of  said  lands,  to-wit: 

1st.  Granting  all  the  lands  on  the  line  from  Burlington  to  the 
Missouri  River,  to  the  Burlington  &  Missouri  River  Railroad  Co. 

2d.  The  lands  on  the  line  from  Davenport  to  Council  Bluffs,  to 
the  Mississippi  &  Missouri  River  Railroad  Company. 


64  RBPORT  OF  THE 

8d.  The  lands  on  the  line  from  Lyons  City,  to  the  Iowa  Central 
Air  Line  Bailroad  Company.     And 

4th.  The  lands  on  the  line  from  Dubuque  to  Sioux  City,  to  the 
Dubuque  &  Pacific  Railroad  Company,  subject  to  all  the  conditions 
of  the  original  grant,  and  certain  restrictions  and  conditions  speci- 
fied in  said  act  of  the  Legislature.   {Acts  Motra  Session  1856,^.  5.) 

All  of  said  Companies  accepted  the  grant,  upon  the  conditions 
and  under  the  restrictions  in  said  acts  imposed,  and  proceeded  to 
locate  tlieir  roads  and  select  said  lands. 

The  Iowa  Central  Air  Line  Bailroad  Company,  having  &iled  to 
comply  with  the  requirements  of  said  grants,  the  General  Assem- 
bly, on  the  17th  of  March,  1860,  passed  an  act  resuming  to  the 
State  all  the  lands  granted  to  that  Company ;  and  by  an  act  approved 
March  26, 1860,  granted  the  same  to  the  Cedar  Rapids  &  Missouri 
River  Railroad  Company. 

This  Grant  was  accepted  by  that  Company. 

The  General  Assembly,  by  Act,  approved  April  7, 1862,  require 
the  Dubuque  &  Sioux  City  Railroad  Company  (formerly  Dubuque 
&  Pacific  Lailroad  Company)  to  release  to  the  State  all  Swamp 
Lands  and  certain  River  and  School  Lands  falling  within  the 
fifteen  mile  limits  of  their  road,  before  any  land  should  be  certified 
by  the  Governor  to  their  Compimj.^See  Acts  1862,  jp  177.)  (This 
Act  has  not  in  any  respect  been  complied  with  by  the  Company.) 

Such  is  in  brief  the  substance  of  the  legislation  touching  this 
Grant,  (omitting  the  Act  of  January  28,  1857,  authorizing  said 
Companies  to  mortgage  the  lands.) 

The  following  tables  exhibit  the  number  of  acres  of  lands  cer. 
tified  to  the  State  by  the  General  Goveenment  for  the  benefit  of 
the  several  Railroads  up  to  the  present  time. 

BURLINGTON  &  MISSOURI  RIVER  RAILROiLD. 


LAND  DISTRICT. 


iior  to  Nov.  16, 1861.      Since  Nor.  16, 1861 


6  mile  limit|15  mile  limit  6  mUe  limit|16milelim. 


TOTAL. 


Council  Bluffs, 
Chariton, 


71,675.40 

18,480.62 


115,662.04 
25,056.18 


23,827.48 


32,894.62  244.559.64 
43,535.80 


Aggregate  number  of  acres  for  the  B.  &  M.  R.  R.,  287,095.34. 


REGISTER  OF  THE  STATE  LAND  OFFICE. 


65 


IOWA  OENTRAL  AIR  LINE  RAILROAD. 


liAHD  DIBTAIGT. 


I    Prior  to  Not.  16, 1868. 
|6  mile  limit.  |15  mile  limit. 


Since  Nov.  16, 1863. 


6  mile  limit)  15  mile  lim. 


TOTAL. 


Dubuque, .... 
Ft.  Dodge,. . . 
Ft.  D.  Moines, 
Sioux  City, . . 
Council  Bluffs 


-  1,809.74 

676.00 

12,824.01 


8,998.57 
59,072.60 

22,887.74 


132,911.18 137,641.84 
100,588.07  193,377.69 


46,898.73 

13,470.96 
49,397.16 

6,808.31 

73,119.56 

132,007.64 

270,653,02 

293,966.66 


Aggregate  amount  for  the  Cedar  Rapids  &  Mo.  R.  R.,  775,454.19. 

DUBUQUE  AND  PACIFIC  RAILROAD. 


T.Awn  mflfriiTrtT 

Prior  to  Noy.  16, 1861. 

Since  Nov 
6  mile  limit 

.  16, 1961. 

1WP  AT 

6  mile  limit.  IS  mile  limit 

115  mile  lim. 

Dubuque,.... 
Ft.  Dud^,. . . 
Sioux  City,.. 

2,361.08 
103,341.61 
344,225.20 

5,901.49 
210,722.48 
480,929.21 

8,262.57 
391,599.32 
826,536.83 

56,473.32 
1,382.42 

21,061.91 

Aggregate  amount  for  the  Dubuque  &  S*  0.  R.  R.,  1,226;398.72. 

MISSISSIPPI  &  MISSOURI  RAILROAD. 


Y  Aim  TtTflPPHTrwr 

Prior  to  Nov.  16, 1861. 

Since  Koy.  16, 1861. 

M^AaJLM    illO  1  JtUv^  . 

6  mile  limit  |15  mile  limit 

6  mUe  limit|16  mUe  lim. 

TOTAIi. 

Council  Bluffs 
Ohariton,  . .  . 

141,265.07 

211,266.08 

80.00 

17,162.39 

8,708.49 

17,778.92 

379,118.56 
80.00 

Ft,  D.  Moines, 

17,627.16 

16,266.37 

44,519.88 

96,575.80 

Aggregate  amount  for  the  Mississippi  &  Missouri  R.  R.,  474,774.36. 

RECAPITULATION. 

I 

For  the  B.  &  M.  River  R.  R.,  287,095,34  acres. 

For  the  C.  R.  &  M.  River  R.  R.,  775,454, 19  acres. 

For  the  D.  &  P.  R.  R.,  1,226,398,72  acres. 

For  the  M.  &  M.  R.  R.,  474,774,36  acres. 

A  part  of  the  land  thus  certified  for  Railroad  purposes  was  se- 
lected by  the  State  as  Swamp  and  overflowed  lands  under  the  act 
of  Congress  of  Sept.  28,  1850.  The  exact  extent  of  the  conflict 
under  these  two  grants  it  is  impossible  to  determine  from  the  rec- 
ords of  this  Office,  from  the  fact  that  some  of  the  Counties  never 
reported  their  selection  to  any  State  officer,  and  hence  they  are  not 
in  this  Office.  But  the  Commissioner  of  the  General  Land  Office 
has  reported  a  list  of  lands  claimed  by  the  State  under  the  act  of 
Sept.  28,  1850,  and  claimed  by  Railroad  Companies  also  under  the 

Railroad  Grant,  the  claim  to  which  under  the  act  of  Sept.  28, 1850 
9 


J 


0^  ^  VXPORT  OF  THS 

has  been  rejected  by  tite  D^mrtment  at  Washingtcm,  amotmting  to 
Jf'ive  hvmdred  <md  j^ify4h»9e  thouBO/nd  two  Jwmdred  cmd  ninety- 
three  amd  SS^-lOO  aer€9. 

{JPhr  fv/ttiier  pa/rtiauicjurs  as  to^tkis  eonJUfct,  see  Swamp  Lemd.)- 

Theee  lands  were  granted,  not  to  the  R.  H.  Oompanies  by  Con- 
gress, bnt  to  the  Staie^  for  the  benefit  of  the  Roads,  and  the  State 
can  dispose  of  or  sell  them  only  as  specified  in  Sea  4  of  the  Act 
of  May  16, 1856,  to-wit:  The  State  was  authorized  to  sell  or  dis- 
pose of  to  each  of  said  Companies  120  sections  of  land  to  begin 
with,  and  when  tiie  first  20  miles  of  any  one  of  said  Beads  was 
completed  and  that  &ct  certified  to  the  Secretaiy  of  the  Interior  by 
the  Governor,  she  was  antihorized  to  sell  to  the  Company  or  turn 
orer  for  the  benefit  of  that  Bead  another  amount  not  over  120  sec- 
tions, and  so  on  till  the  Boad  is  built,  provided  it  be  done  in  ten 
years  from  the  date  of  the  Grant. 

The  Companies  must  therefore  looft  to  the  State  for  their  title 
to  these  lands. 

The  completion  of  every  20  miles  according  to  the  terms  of  the 
law,  gives  the  Company  the  right  to  have  that  fact  certified^  tb  by 
the  Governor.  Bat  auch  certificate  is  no  evidence  of  tide  to  the 
Company.  It  does  not  even  make  it  obUgatory  on  the  State  to 
convey  or  certify  120  sections  or  any  other  definite  amount,  (ex- 
e^t  to  the  Cedar  Bapids  it  Missouri  Biver  Boad,)  but  simply 
authorizes  the  State  to  sell  or  turn  over  by  conveyance  of  some 
kind,  an  amount  not  to  exceed  120  sections.  Same  conveyance 
describing  or  referring  to  the  particular  land  intended  to  be  turned 
over  or  sold  must  ba  executed  by  the  State  b^ore  any  title  vests 
in  the  Company. 

BURLINGTO»  A  MIBBOUM  RIYBR  RAILROAD. 

I  am  unable  to  findei^r  in  this  Office  or  thai  of  the  Secretary 
eS  State  any  evideaice  that  the  State  Executive  has  eveor  certified 
ta  the  completion  o£  any  part  of  the  B.  <Sr  M.  B.  Bi  B.  It  is  prob- 
able,, however,  that '  such  eertificatee  have  been  executed,  firom*  tiie 
fiiet  his  Excellency^  Gov.  Lowe,  certified  to  said  Company  on*  the 
9th  of  Nov.,  1859,  oommencmg  at  the  Missouri  JRiverj  187,287  and 
44-100  Acres,  and  on  the  27th  of  Dec.,  1869,  48^775,70  Acres  of 
these  lands  by  certificates  under  seal^  of  the  State  in  tiiie  foUawing 
foim,  to-wit: 


f 


REQI8TBR  OP  THE  STATE  LAND  OFFICE.  ^7 

STATE  OF  IOWA,  EXEOUTIVB  OFFICE, ) 
De8  Moihbs,  Dbcbicbb  27, 1859.     ) 

I,  Balph  P.  Lowe,  Goyernor  of  the  State  of  Iowa,  do  hereby  certify  that  the 
fbregoing  Is  a  c6rre<^t  list  of  lands  enuring  to  the  BarUngton  &  Hissotiri  Riyer 
Rai&oad  Company  ander  the  Act  of  Congress,  approyed  may  16,  1866,  entitled 
^  An  Act  making  a  Grant  of  land  to  the  btate  of  Iowa  in  Alternate  Sections  to 
aid  in  the  constraction  of  certain  Railroads  in  said  State.*'  And  by  yirtue  of  the 
Act  of  the  Legislatiye  Assembly  of  the  State  of  Iowa,  approyed  July  14,  1866, 
entitled  ^  An  Act  to  accept  the  Grant  and  carry  into  effect  the  Trust  conferred 
apon  the  State  of  Iowa  by  an  Act  of  Congress,  entitled  *  An  Act  making  a  Grant 
of  Land  to  the  State  of  Iowa  in  alternate  sections  to  aid  in  the  construction  of 
certain  Railroads  in  said  State,  approyed  itfay  16, 1866.'  '*  The  same  haying  been 
compared  with  the  corresponding  list  certified  to  this  Office  by  the  Secretly  of 
the  Interior  and  the  Commissioner  of  the  General  Land  Office,  and  now  on  file 
in  the  Executlye  Department 

'^•^       In  witners  whereof  I  haye  hereunto  set  my  hand  and  caused  the  Great 
)  Seal  of  the  State  of  Iowa  to  be  hereunto  affixed.    Done  at  Des  Moines 
^'  ^  J  the  9th  day  of  November,  A  D.  1869. 

(iigned)  RALPH  P.  LOWE. 

Sluah  SbllS)  Secretaiy  of  State. 

The  lists  thus  certified  to  the  Company  cohtain  in  the  aggregate 
381,073,14  aeries,  being  all  then  approved  to  the  State  for  the  ben- 
efit of  this  road. 

These  are  the  only  lands  that  have  been  o^^ed'  by  the  l^ate  to 
this  road  sb  as  to  pass  ainy'title  to  the  Company.  The  lands  subset 
quently  approved  to  the  State,  it  is  true,  have  all  be^ii  certified  to 
by  the  Governor  ;  but  from  the'  fiu^  thiitf  tSie/  contain  a  large 
amount  of  land,  claimed  as  Swatnp  Liiiid,  the  cei^ficates  are  care* 
fully  drawn  so  as  to  eonvev  to  flie  OompAJiiy  no  fifl^norin  any 
nlanner  interfere  with  conflicfing'  elaiihs.  These"  last  certifieaterf 
were  not  intended  to,  ncr  do  they,  in  tSle  slightest  degree  tend  td 
perfect  the  title  to  the  landsr  referred  to,  in  the  CompiBtny.  The 
981,073,14  acres,  thei^oi^  above  referred  tb^  certified  by  QoveMor 
Lowe,  iftiy  be  considered  rfl  Aat  have  been  certified  6r  aofti  to  tfcl6 
Company.  Leaving  of  lands  approved  to  the  State,  and' not  0^ 
tified,  56,022,20  acres.  But  as  there  are  conflicting  daims  to  a 
targe  part  of  it,  it  is  uncertain  how  much  0/  this  remainder  will 
fifially  be  made  available  f<Mr  tibie  oonMni^oil  of  this  Boad; 

CBDAR  RAPIDd  &  ittesbtfRT  BtfM  iSiiLtLk6Ax>: 


It  appears  that  tiierid  li^ver  hils'beeli-  any  ceittficalie  issued  by  tUe 
Gk>vemor  to  the  completion-  of  atty  part  of  the  Oedas*  Bapidb  & 
Kissoari  Biver  BaafrcMul;' 

A  certificate  of  the  Chief  E»ginebr>  dated  Dk^eAber  20,  ISet, 
atottfi^  that  on  tiie^fli^st'of  mA^mooAiftott^  maeirof  said'Reod  wtt 


gg  REPORT  OF  THE 

completed  and  in  running  order,  according  to  law  ;  and  that  ten 
miles  more  of  the  grading  was  done,  was  filed  with  Secretary  of 
State,  Janaary  21,  1862,  and  his  affidavit  of  similar  import  sent  to 
the  Executive. 

But  the  6th  section  of  the  Act  of  the  General  Assembly  ap- 
proved March  26,  1860,  granting  to  this  Company  the  lands  first 
granted  to  the  Iowa  Central  Air  Line  Railroad,  not  being  complied 
with,  the  certificate  to  the  completion  of  the  40  miles  of  Boad  was 
refused. 

There  have,  therefore  been  no  lands  yet  certified  to  this  Company 
by  the  State. 

DUBUQUE  &  SIOUX  CITY  RAILROAD. 

There  are  on  file  in  the  Office  of  the  Secretary  of  State  certifi- 
cates  of  the  Governors  of  this  State — ^the  last  one  executed  by  his 
Excellency  Gov.  Kirkwood,  April  25, 1861 — showing  the  comple- 
tion of  "  Jive  cofytmwms  twenty  miles  "  of  the  Dubuque  &  Sioux 
City  Railroad  according  to  the  conditions  and  requirements  of  the 
Grant ;  but  no  lands  have  been  certified  or  conveyed  by  the  State 
to  the  Company. 

If  the  State  is  bound  by  her  contracts  with  this  Company  to 
convey  120  sections  for  each  of  these  five  twenty  miles,  there  is 
now  due  the  Company  720  sections  or  460,800  acres,  which  the 
Company  is  entitled  to  have  certified.  Leaving  still  unconsumed 
of  the  lands  approved  to  the  State  for  the  construction  of  this  Road 
765,598.72  acres  ;  but  as  there  are  adverse  claims  to  some  of  these 
lands,  under  the  Des  Moines  Biver  and  Swamp  Land  Grants,  it  is 
uncertain  what  amount  will  eventually  be  applied  for  the  tenefit  of 
the  Boad. 

MISSISSIPPI  ft  MISSOURI  RIVER  RAILROAD. 

There  are  on  file  in  the  Secretary's  Office  two  certificates,  one 
by  Governor  Lowe,  filed  August  25,  1859,  aud  one  by  Governor 
Kirkwood,  filed  October  1,  1860,  certifying  to  the  completion  of 
the  Mississippi  &  Missouri  Biver  Bailroad,  from  Davenport  eighty 
miles  westward,  according  to  the  conditions  of  the  Grant.  But 
there  have  been  no  lands  certified  or  conveyed  by  the  State  to  this 
Company.  At  the  rate  of  120  sections  for  each  twenty  miles,  the 
Company  is  now  entitled  to  600  sections  or  884,000  acres,  leaving 


I 


REGISTER  OF  THE  STATE  LAND  OFFICE.        Qg 

miconsumed    of  lands  alreadj  approved  for  this  Road  90,7Y4,36 
acres  which  are  subject  to  the  conflicting  claims  before  mentioned. 

8th— AGRICULTURAL  COLLEGE  AND  FARM. 

On  the  22d  of  March,  1858,  the  General  Assembly  passed  an 
Act  establishing  ^^an  Agricultural  College  amd  Model  Fa/rm^^ 
under  the  management  of  a  Board  of  Trustees.  (See  Chap.  91, 
A.€i»  of  %ik  Oeneral  AsserrMy.)  The  11th  section  of  this  Act  ap- 
propriates the  proceeds  of  the  five  section  grant — provided  Con- 
gress should  consent  to  the  diversion — together  with  all  lands  that 
Congress  might  thereafter  grant  to  the  State  for  the  purposes  con- 
templated by  the  said  Act  for  the  benefit  of  said  College. 

On  the  23d  of  March,  1858,  said  General  Assembly  passed  a 
Joint  Resolution  asking  the  consent  of  Congress  to  such  diversion 
of  said  five  section  grant.  And  in  response  thereto.  Congress 
passed  an  Act  approved  July  11, 1862,  removing  the  restrictions 
contained  in  said  grant,  and  authorizing  the  General  Assembly  of 
the  State  to  make  such  disposition  of  said  lands  ^&  they  shall  deem 
best  for  the  interest  of  the  State.  (See  U.  S.  Statutes  at  Zarge^ 
p.  556.  By  these  Acts  the  three  thousand  two  hundred  acres  of 
land  in  Jasper  County,  approved  to  the  State  under  the  Act  of 
Congress  approved  March  3d,  1845,  making  a  grant  of  lands  to 
the  State  of  Iowa  to  aid  in  the  erection  of  public  buildings,  have 
been  fully  appropriated  to  the  benefit  of  the  ^^lowa  Stale  AgricuL- 
twraZ  College  and  Farm^'*  and  the  Trustees  of  said  College  have 
proceeded  to  take  the  control  and  management  thereof,  but  as  yet 
have  reported  no  sales  to  this  office.  A  book  has  been  provided 
in  this  office  for  the  recording  of  all  lands  granted  or  donated  to 
said  Institution,  aud  these  lands  are  therein  recorded  as  required 
by  section  f  of  chapter  67,  Acts  of  the  8th  General  Assembly. 

A  list  of  lands  in  Story  County  donated  to  the  Institution  as 
individual  subscriptions,  amounting  in  the  aggregate  to  six  hun- 
dred and  eighty-one  acres,  was  filed  in  this  office  on  the  14th  day 
of  this  present  month,  which  will  be  properly  recorded.  No 
other  lands  donated  by  individuals  have  been  reported  to  this 
office. 

COLLEGE  GRANT. 
Congress  passed  an  Act  donating  public  lands  to  the  several 


fO  IlEPOBT;OF  TPS 

States  and  Territories  which  may  provide  Colleges  for  the  benefit 
of  Agriculture  and  the  Mechaaic  Arts,  which  was  approved  July 
2d,  1862,  in  the  following  terms : 

JBe  it  enacted  by  the  Seruite  amd  Hovse  of  Repre%efnia;t/i/oe%  of  the 
JJniied  States  m  Congress  assembled^  That  there  be  granted  to  the 
several  States,  for  the  porpose  hereinafter  named,  an  amount  of  the 
public  land,  to  be  apportioned  to  each  State,  a  quantity  e^ual  to 
thirty  thousand  acres  for  each  Senator  and  Bepresentative  in  Con- 
gress to  which  the  States  are  respectively  entitled  by  the  appor- 
tionment, under  the  census  of  eighteen  hundred  and  sixty ;  pro- 
vided^ that  no  mineral  lailds  shaS  be  selected  under  the  provisions 

of  this  Act. 

Seo.  2.  And  he  it  further  enacted,  Hiat  the  land  aforesaid,  after 
being  surveyed,  shall  be  apportioned  to  the  Several  States  in  sec- 
tions or  sub-divisions  of  sections,  not  less  than  one-quarter  of  a 
section ;  and  whenever  there  are  public  lands  in  a  State  subject  to 
sale  at  private  entry  at  one  dollar  and  twei^ty-five  cents  per  acre, 
the  quantity  to  which  said  State  shall  be»  entitled  shall  be  selected 
from  such  lands  within  the  limits  of  such  State,  and  the  Secretary 
of  the  Interior  is  hereby  directed  to  issue  to  each  of  the  States  in 
which  there  is  not  the  quantity  of  public  lands  subject  to  sale  ^t 
private  entry  at  one  dollu*  and  twenty-five  cents  per  acre,  to  which 
said  State  may  be  entitled  ui^der  this  Act,  land  scrip  to  the  amount 
in  acres  for  the  deficiency  of  its  distributive  share ;  said  scrip  to 
be  sold  by  said  States  and  the  proceeds  thereof  to  be  appUed  to 
the  uses  and  purposes  prescribed  in  this  Act,  and  for  no  other  use 
or  purpose  whatever ;  provided,  that  in  no  case,  shall  any  State  to 
which  land  scrip  may  thus  be  issued,  be  allowed  to  locate  the  same 
within  the  limits  of  any  other  St^te,  or  of  uny  Territory  of  the 
United  States,  but  their  assignees  may  thus  locate  sai^  hiBd  scrip 
upon  any  of  the  unappropriated  lands  of  the  United  States  subject 
to  sale  at  private  entry  at  one  dollar  and  twenty-five  cents  or  less 
per  acre ;  cmd  provided  fvHher,  that  not  more  tha^  one  million 
acres  shall  be  located  by  such  assignees,  in  any  one  of  the  States ; 
and  provided  fwrther,  that  no  such  location  shall  be  made  before 
one  year  from  the  passage  of  this  Act. 

Seo.  3.  And  he  it  further  enacted,  That  all  the  expenses  of 
management,  superintendence,  and  taxes  from  date  of  selection  of 
said  lands,  previous  to  their  sales,  and  all  expenses  ii^curred  in  the 


RBGISTER  OF  TBS  STATE  LAND  OFFICE.        71 

management  fflid  disbursement  of  the  moneys,  which  may  be  re- 
ceived therefrom,  «hall  be  paid  by  the  State  to  which  they  may 
belong,  oat  of  the  Treasury  of  said  State,  so  that  the  entire  pro- 
ceeds of  the  sales  of  said  lands  diall  be  applied  without  any  dimi- 
nution whatever  to  the  purposes  hereinafter  mentioned. 

8bo.  4.  And  be  it  fwihar  enaoted^  That  all  moneys  derived 
from  the  sale  of  the  lands  aforesaid  by  the  States  to  which  the 
lands  are  apportioned,  and  from  the  side  of  land  scrip  hereinbefore 
provided  for,  shall  be  invested  in  stodge  of  the  United  States,  or 
of  the  States,  or  some  other  safe  stocks,  yielding  not  less  than  five 
per  centum  upom  the  par  value  of  said  stocks;  and  that  the  money 
•0  invested  shall  constitute  a  perpetual  fimd,  the  c^)ital  of  whidi 
shall  remain  forever  undiminished,  (except  so  far  as  may  be  pro- 
vided in  section  fifth  of  this  Act,)  and  the  interest  of  which  shall 
be  inviolably  apf»:opriated,  by  eadi  State  which  may  take  and 
daim  the  benefit  of  this  Act,  to  the  endowment,  support  and  main- 
tenance of  at  least  one  College,  where  the  leading  object  shall  be, 
without  excluding  other  scientific  and  classical  studies,  and  includ- 
ing Military  Tacties,  to  teach  such  branches  of  learning  as  are 
related  to  Agriculture  and  the  Mechanic  Arts,  in  such  manner  as 
the  Legislatures  of  the  States  may  respectively  prescribe,  in  order 
to  promote  the  liberal  and  practical  education  of  the  industrial 
dasses,  in  the  several  pursuits  and  professions  of  life. 

SjBo.  5.  And  he  itfwiher  efMuAed^  That  the  grant  of  land  and 
land  scrip  hereafter  authorized,  shall  be  made  on  the  following 
conditions,  to  which,  as  well  as  to  the  provisions  hereinbefore  con- 
tained, the  previous  assent  of  the  several  States  shall  be  signified 
by  legislative  acts : 

Firnt^  If  any  portion  of  the  fund  invested  as  provided  by  the 
foregoing  section,  or  any  portion  of  the  interest  thereon,  shall,  by 
any  action  or  contingency,  be  diminished  or  lost,  it  shall  be  re- 
placed by  the  State  to  which  it  belongs,  so  that  the  capital  of  the 
fund  shall  remain  forever  undiminished ;  and  the  annual  interest 
shall  be  regularly  applied  without  diminution  to  the  purposes 
mentioned  in  the  fourth  section  of  this  Act,  except  that  a  sum,  not 
exceeding  ten  per  centum  upon  the  amount  received  by  any  State 
under  the  provisions  of  this  Act,  may  be  expended  for  the  purchase 
of  lands  for  sites  or  experimental  farms,  whenever  authorized  by 
the  respective  Legislatures  of  said  States. 

Second^  No  portion  of  said  fund,  nor  the  interest  thereon,  shall 


72  REPORT  OF  THE 

be  applied,  directly  or  indirectly,  under  any  pretense  whatever,  to 
the  purchase,  erection,  preservation,  or  repair  of  any  building  or 
buildings. 

Third,  Any  State  which  may  take  and  claim  the  benefit  of  the 
provisions  of  this  Act  may  provide,  within  five  years,  at  least  not 
less  than  one  College,  as  described  in  the  fourth  section  of  this 
Act,  or  the  Grant  to  such  State  shall  cease;  and  said  State  shall  be 
bound  to  pay  the  United  States  the  amount  received  of  any  lands 
previously  sold,  and  that  the  title  to  purchasers  under  the  State 
shall  be  valid. 

Fourth.  An  annual  report  shall  be  made  regarding  the  progress 
of  each  College,  recording  any  improvement  and  experiments 
made,  with  their  cost  and  results,  and  such  other  matters,  including 
State  industrial  and  economical  statistics,  as  may  be  supposed  use- 
ful; one  copy  of  which  shall  be  transmitted  by  mail  free,  by  each 
to  all  the  other  Colleges  which  may  be  endowed  under  the  provis- 
ions of  this  Act,  and  also  one  copy  to  the  Secretary  of  the  Inte- 
rior. 

Fifth.  When  lands  shall  be  selected  from  those  which  have  been 
raised  to  the  minimum  price,  in  consequence  of  Railroad  Grants, 
they  shall  be  computed  to  the  State  at  the  maximum  price,  and 
the  number  of  acres  proportionably  diminished. 

Sixth.  No  State  while  in  a  condition  of  rebellion  or  insurrection 
against  the  Government  of  the  United  States  shall  be  entitled  to 
the  benefit  of  this  Act. 

Seventh.  No  State  shall  be  entitled  to  the  benefit  of  this  Act 
unless  it  shall  express  its  acceptance  thereof  by  its  Legislature 
within  two  years  from  the  date  of  its  approval  by  the  President. 

Sbo.  6.  And  he  it  further  enacted^  That  land  scrip  issued  under 
the  provisions  of  this  Act  shall  not  be  subject  to  location  until  after 
the  first  day  of  January,  one  thousand  eight  hundred  and  sixty- 
three. 

Sso.  7.  And  he  it  further  enacted^  That  the  land  officers  shall 
receive  the  same  fees  for  locating  land  scrip  issued  under  the  pro- 
visions of  this  Act  as  is  now  allowed  for  the  location  of  military 
bounty  land  warrants  under  existing  laws:  provided^  their  maxi- 
mum compensation  shall  not  be  thereby  increased. 

Sbo.  8.  And  he  it  further  enacted^  That  the  Governors  of  the 
several  States  to  which  scrip  shall  be  issued  under  this  Act  'shall 


REQISTER  OP  THE  STATE  LAND  OFFICE.  /jfg 

be  required  to  report  annnallj  to  Congress  all  sales  made  of  such 
scrip  until  the  whole  shall  be  disposed  of,  the  amount  received  for 
the  same,  and  what  appropriation  has  been  made  of  the  proceeds. 
{See  U.  S.  Stat,  at  Urge,  1861-2,  p.  503.) 

The  Ninth  General  Assembly  convened  in  Extra  Session  by 
Proclamation  of  the  Q-ovemor,  passed  an  Act,  entitled  "  An  Act 
to  accept  of  the  0-rantand  carry  mto  execution  the  i/rust  conferred 
upon  the  State  of  Iowa  hy  an  Act  of  Congress  entitled  "  An  Act 
granting  public  lands  to  the  several  States  and  Territories  which 
may  provide  Colleges  for  the  benefit  of  Agriculture  and  Mechanic 
ArtSj  approved  July  2,  1863."  Approved  September  11,  1862, 
accepting  the  Grant  upon  the  conditions  and  under  the  restrictions 
contained  in  said  Act  of  Congress,  and  requiring  the  Governor  to 
appoint  an  Agent  to  select  and  locate  the  land  granted  in  said  Act 
providing  that  no  lands  shall  be  selected  under  said  Grant  that 
are  claimed  by  any  of  the  counties  as  Swamp  Lands  ;  requiring 
said  Agent  to  report  to  the  Governor  who  shall  lay  the  list  of  se- 
lections before  the  Board  of  Trustees  of  the  Iowa  State  Agricultu- 
ral College  and  Farm,  at  their  next  meeting,  after  the  making  of 
said  Report,  for  their  approval  (fee.  ;  and  appropriating  $1,000  to 
carry  out  the  provisions  of  the  Act. — {See  Acts  JSx,  Ses.  1862  jk>  25.) 

At  the  time  of  the  passage  of  said  Act  of  Congress,  the  State  of 
Iowa  was  entitled  to  six  Representatives  in  Congress.  It  is  trae  that 
according  to  the  apportionment  first  made  by  Congress  with  refer- 
ence to  the  census  of  1860,  we  were  entitled  to  but  five  ;  the  sixth 
being  added  by  Act  of  Congress,  approved  March  4, 1862.  {See 
U.  S,  Stat.  1861-2^  353.) 

This  Act  becomes  a  part  of  the  apportionment  under  the  census 
of  1860,  and  entitles  the  State  to  240,000  acres  of  land  under  the 
Act  of  July  2, 1862. 

Under  the  Act  of  the  General  Assembly  of  Sept.  11, 1862,  Peter 
Melendy,  of  Blackhawk  county,  was  appointed  to  select  and  locate 
these  lands ;  but  the  result  of  his  labors  under  said  appointment, 
has  not  been  reported  to  this  Office. 

When  these  selections  are  made  and  certified  to  the  State  by  the 
Secretary  of  the  Interior,  the  State  will  hold,  of  lands  granted  and 
donated  for  the  benefit  of  said  Institution,  as  follows  : 

10 


^4  REPORT  OF^THK 

Tinder  A«t  of  Congrefie  ^f  July  2, 1863, 240,000  acrcB. 

Uittder  Five  fiectioa  Grant,. 3,200    « 

Donations  by  individuals, 681    ^^ 

Total,. 243,881  acares. 

The  individual  donations  not  reported  to  this  Office  are  not  in- 
cluded in  the  above  estimate. 

9th— DES  MOINES  RIVEE  SCHOOL  LANDS. 

• 

John  Tolman,  former  School  Fund  Commissioner  of  Webster 
county,  having,  under  the  direction  of  the  Superintendent  of  Pub- 
lic Instruction,  sold  some  of  the  Des  Moines  Siver  Lands  as  School 
Lands  of  the  500,000  grant,  the  General  Assembly,  by  an  act 
^ititled  ^^An  Act  makw^  prcyeimons  for  the  setdemerU  of  all  liabU^ 
Hies  of  the  8UUe^  growmg  ou^  of  the  sale  of  certain  lamds  of  the 
Des  Momes  Hwer  Improvement  grami^  as  School  land^^^  approved 
April  2,  1860,  provide  that  upon  application  therefor,  and  the 
proper  showing  to  the  Governor,  any  purchaser  of  such  land  shall 
be  entided  to  draw  from  the  State  Treasury,  upon  the  warrant  of 
tiie  Auditor,  the  amount  of  money  paid,  whether  of  principal  or 
interest,  on  the  contract  made  for  the  purdiase  of  said  land  with 
«E^id  School  Fund  Commissioner,  with  interest  thereon  from  the 
time  it  was  paid,  at  the  rate  of  ten  per  centum  per  annum. 

Under  this  act,  five  purchasers  have  made  application  for  relief, 
and  having  presented  foil  and  satisfactory  proof,  have  each  received 
his  warrant  from  the  Audit(»r  for  principal  and  interest,  as  provided, 

to-wit: Goss,  $100.56;   Thos.  G.  Pierce,  $821.90;   Roscoe 

Royster,  $107.18;  E.  H.  West,  $116.96;  Wesley  McKinney, 
$302.93.  How  may  applications  will  yet  be  made  we  cannot  deter^ 
mine. 

10t»— AMITY  COLLEGE. 

The  General  Assembly,  at  its  last  regular  session^  passed  an  act 
entitled  "  J.n  Act  for  the  relief  of  Amity  CoUege^^  approved  April 
8th,  1862,  relieving  said  institution  from  certain  contracts  for  the 
purchase  of  school  lands  entered  into  with  the  School  Fund  Com- 
missioner of  Page  county,  and  requiring  the  Clerk  of  the  District 
Court  of  said  county  to  cancel  said  contracts,  and  deliver  them  to 
the  Secretary  of  the  Board  of  Trustees  of  said  College ;  and  also  to 


REGISTER  OF  THE  STATE  UlKD  OFFICE.  75 

enter  aatifified,  certain  judgments  rendered  in  said  Court  againet 
said  Secretary  on  these  contractB;  and  farther  providing  that  the 
College,  in  connection  with  the  Clerk  of  said  Court,  might  select 
three  hundred  and  twenty  acres  of  said  school  lands,  to  be  patented 
in  consideration  of  tlie  money  already  paid,  as  part  of  tibe  purchase 
money  upon  said  contracts.. 

The  cei-tificate  of  said  Clerk  has  been  filed  in  this  office,  showing 
full  compliance  with  this  act,  both  upon  his  own  part  and  that  of 
the  College,  and  thereupon  the  three  hundred  and  twenty  acres 
selected  were  patented  to  said  Secretary  for  the  benefit  of  said 
Amity  College;  thus  completely  carrying  out  and  fulfilling  said  act> 

llTH— MORTGAGE— SCHOOL  LANDS. 

The  Ninth  General  Assembly  by  an  act  entitled  '^An  Act  for 
the  better  protection  of  ihs  School  Fwnd^'^  approved  April  8th,  1862, 
provide  "That  the  several  Boards  of  Supervisors  shall  hold  and 
manage  the  securities  given  to  the  School  Fund  in  their  respective 
Counties,  and  also  all  judgments  and  lands  therein  belonging  to 
said  Fund,  for  the  use  of  said  Fund,"  &c.  Section  six  of  said  Act 
authorizes  said  Boards  in  case  of  non-payment  on  contracts  made 
upon  the  sale  of  School  Land  or  mortgages  given  to  secure  pay- 
ment of  money  borrowed  of  the  School  Fund,  to  institute  and  pros- 
ecute Suits  for  the  collection  of  the  amount  due  thereon.  And  the 
7th  section  provides,  ^^  In  case  of  sales  of  lands  on  execution  fovmd- 
ed  on  any  such  mortgage  or  oontracty  the  Attorney  for  said  Boards 
or  other  person  authorized  by  said  Board  shaU  bidon  behalf  of  the 
State  for  the  use  of  said  Fund^  s^ich  sum  as  the  interests  of  said 
Fund  may  require^  amd  if  struck  off  to  the  State^  the  same  shall  be 
held  and  disposed  of  in  all  respects  the  sam>e  as  other  la/nds  belong- 
ing to  said  Fv/nd^  except  as  herein  provided^ 

The  exception  made  has  reference  to  the  manner  of  appraising 
and  selling  the  lands  again,  provided  for  in  the  11th  section,  which 
is  different  from  the  manner  of  appraising  and  selling  other  School 
Lands.  This  section  authorizes  the  Clerk  of  the  Board  of  Super- 
visors when  application  is  made  to  purchase  any  of  said  land,  and 
upon  payment  by  the  applicant  of  the  cost  of  appraisement  to  ap- 
point three  disinterested  and  competent  persons  to  appraise  the 
land,  ^^who  shall  be  sworn  to  appraise  the  la/nd  at  such  su/m  as  they 
would  appraise  the  same  inpayment  of  a  just  debt  due  from  a  sol- 


Y6  REPORT  OF  THB 

vent  dd>tory  Said  Clerk  is  then  aa&orized  to  sell  the  land  at  the 
appraisement,  &c. — {Aots  1862,  p.  168.) 

The  lands  mortgaged  to  the  School  Fond  do  not  belong  to  any 
of  the  Grants,  and  become  school  lands  under  this  act  by  being 
bid  off  by  the  State.  It  forms  a  new  class  of  shool  lands  of  which 
we  have  heretofore  taken  no  account,  in  tact  which  did  not  before 
the  passage  of  said  Act  exist  by. law.  These  lands  are  to  be  sold, 
and  the  certificates  of  Final  payment  issued  by  the  Clerk  of  the 
Board  of  Swpervisora^  whilst  the  other  school  lands  are  sold  and 
the  certificates  issued  by  the  Clerk  of  ike  Disbrict  Oowrt^  thus  re- 
quiring different  forms  for  certifying  and  patenting. 

The  necessary  and  proper  blanks  have  been  procured  and  a  Bee- 
ord  prepared  in  this  ofiice  for  recording  these  lands,  and  in  July 
last  a  circular  was  sent  to  the  Clerk  of  the  Board  of  Supervisors 
in  each  County  in  the  State,  requesting  them  to  report  to  this  office 
the  description  and  amount  of  all  lands  thus  bid  off  by  the  State 
in  their  respective  Counties,  together  with  the  name  of  each 
mortgagor,  date  and  amount  of  Note,  and  Judgment,  amount  bid, 
&c.,  and  furnishing  them  a  form  for  the  Report,  and  urging  them 
to  continue  such  Reports  from  time  to  time  as  occasion  may  require. 
If  this  circular  is  complied  with  we  will  have  in  this  Office  a  full 
and  correct  Record  of  this  class  of  land  as  fast  as  the  title  becomes 
invested  in  the  State.  Up  to  this  date  Reports  have  been  received 
from  thirty-five  Counties,  eighteen  of  which  report  lands  and  city 
and  town  lots  sold  and  purchased  under  said  Act. 

The  following  table  exhibits  the  number  of  acres  and  Town  Lots 
reported  in  each  of  these  counties,  and  also  the  No.  patented  by 
the  State. 


SE0I8TER  OF  THK  STATE  LAND  OFFICE. 


tT 


CoUKTIBa. 


Reported. 


Patented. 


Ho.  Acres.  I  No.  Lots.  \  No.  Acres.  I  No.  Lots. 


Appanoose, . . 

Benton, 

Clinton, 

Decatur, .... 
Delaware, . . . 
Des  Moines,. 
Dubuque. . . . 

Hardin, 

Louisa, 

Madison, . . . . 

Mills, 

Muscatine, . . 
Poweshiek, . . 
Ringgold, . . . 

Scott, 

Story, 

Wasnington, 
Wayne, 


180 

920 

120 
1,767 

2:80 
41:42 

180 

100 

649:64 

200 

214 

45 

1,420 

470 

210 

226 

787 
2,312 


8 

6 

12 

8 


8 
3 


240 


•  •  •  •  •      • 


46 


5 
4 


Total, 


I 


16 


9,970:961 


61 


40 

107 

20 


492 


3 


EXPENSES  OF  THE  STATE  LAND  OFFICE. 


On  the  let  of  November,  1861,  the  dose  of  the  last  fiscal  year 
reported  by  my  predecessor,  there  was  in  the  Treasury  a  balance  of 
the  contingent  fund  for  this  Office  of  $627.23.  An  Act  of  the 
General  Assembly  approved  April  8,  1862,  appropriated  for  this 
Office  $1200.00.    Making  in  all  $1827.23. 

The  expenditures  from  this  fund  have  been  as  follows  : 

FROM  NOVEMBER  1,  1861,  TO  JANUARY  1,  1868. 
To  Edwin  Mitchell,  regular  derk,  11  month8,.$665,99 

To  S.  A.  Ayres,  regular  derk,  2  months, 118,33 

To  H.  N.  Brockway,  extra  services, 6.00 

To  S.  A.  Ayres,  extra  services, 8.00 

To  L.  J.  Coulter,  extra  services, 8.00    $806.33. 

FROM  JANUARY  1,  TO  NOVEMBER,  1,  1868. 

To  Edwin  Mitchell,  regular  clerk,  1  month, . .  $  58.33 

To  D.  E.  Jones,  regular  clerk,  9  months, 524.95    $683.28. 

Total  expenditures  since  Nov.  1,  1861, $1389,60. 

Leaving  a  balance  of  this  fund  imdrawn  of $437.67. 

Keceipts  for  all  amounts  drawn  have  been  taken  and  remain  of 

record  in  this  Office. 

All  of  which  is  respectfully  submitted. 

J.  A.  HAEVEY,  Kegister. 


T8  APPENDIX 


^I>I>EI«rDIX 


NO.^  1. 


GENERAL  LAND  OPPIOB, ) 
JXTNB  38d,  1800.     f 

Wabneb  Lewis,  Esq.,  Surveyor  General^  DubuqvSy  Iotoar:—8m : 
Referring  to  your  letter  of  15th  inst.,  asking  to  be  advised  as  to 
your  duty  in  rej^orting  swamp  selections  in  lowa^  and  in  view  of 
the  act  of  12th  March  last,  a  copy  of  which  was  furnished  you  in 
my  letter  of  31st  ult.,  I  will  here  set  forth  the  principles  which 
you  are  to  apply  to  any  selections  now  on  your  files,  and  to  all 
others,  alsoj  which  may  hereafter  be  reported  by  the  agents  of  the 
State. 

1st.  As  the  grant  contemplates  the  inundation  of  extensive 
regions  of  country  by  such  natural  arteries  as  the  Mississippi  river, 
the  land  evidently  intended  to  be  granted  as  swamp  are  tEose, 
only,  which  by  reason  of  their  swampy  character,  and  liability  to 
overflow,  arc  worthless  in  their  natural  condition,  and  whereoil 
crops  cannot  be  raised  without  reclamation  by  levees  and  drains. 
An  overflow  or  inundation  from  casual  cause,  merely  temporary  in 
its  effects-,  does  hot  bring  the  land  within  the  grant,  and  cannot  be 
said,  in  any  proper  sense,  to  render  them  "unfit  for  cultivation." 
The  law  contemplated  such  long  continued  overflow  or  freshets,  as 
would  totally  destroy  crops,  and  prevent  the  raising  of  them  with- 
out  artificial  means  by  levees,  &a,  such  as  are  found  on  the  Mis- 
sissippi river. 

2d.  Bodies  of  land  covered  by  shallow  lakes  or  ponds,  which 
may  become  dry  by  evapor^on  or  other  natural  causes,  do  not 
come  within  the  meaning  of  the  swamp  grant. 

3d.  Testimony  now,  after  the  lapse  of  nine  years,  to  be  availa- 
ble, must  be  expUctt,  resting  upon  the  personal  and  exact  knowL 
edge  of  the  localities  claimed,  and  must  relate  to  each  quarter,  quar- 
ter section,  or  other  equivalent  legal  sub-division.  This  testimony 
must  be  made  by  parties  having  no  interest,  present  or  prospective, 


oonrge  whereby  ttie  laxide  are^  BtiBmerged  and  fdn^ered  tiselesB  for 
arable  purposes  in  their  natural  condition. 

4th.  I  enclose  herewith  a  blank  form  of  proof  which  you  will 
require  from  the  State  authorities^  and  if  lists  of  land  of  this  class 
are  fiimished  you^  aecompaiiied'with  sucbevidence,  you.  will  report 
them  to  this  office  in  the  manner  set  forth  in  form  '^B/'  w^^with) 
aft^r  making,  a  careM  examination  of  said  proof,  and  rendering 
yxMir  own  decision  thereon^  ae  to  whether  the  seviMral  traicts  ai*e 
awmnp  or  not,  within  the  meaning  of  the  grant. 

5th.  You  will,  as  soon  as  your  report  is  arranged  and  prepared 
for  tnmsmission  to  this  office,-  send  simultaneously  a  copy  thereof 
to  the  local  offices  of  &e  proper  land  districts,  with  instructions  to 
tbem  to  enter  the  tracts*  in  the  usual  form  in  th^  books,  and  to 
withhold  them  from  sde  or  other  dispositioUy  unless  otherwise 
especially  directed  by  this  office* 

Be  pleased  to  acknowledge  the  receipt  hereof. 
Yery  Respectfully,  your  obedient  servant, 

J.  a.  WILSON,  Commissioner. 

NO.  2. 
STATE  OF  IOWA, 

COTJNTT  OF 

I, ,  Agent  for  the  State  of  Iowa, 

duly  appointed  under  an  Act  of  the  Legislature  thereof,  to  select 

the  Swamp  and  overflowed  lands  within  the  county  of , 

being  duly  sworn,  depose  and  say :  That  I  am  well  acquainted 
^th  the  mode  and  manner  of  surveying  and  marking  out  the 
public  lands;  that  I  have  made  a  personal  examination  on  the 
ground  of  each  of  the  several  tracts  herein  described,  to-wit : 

HbSB  IKflXST  LIST  OF  LANDS. 

And  from  such  personal  examination  on  the  ground,  have  ascep- 
tained  and  know  and  hereby  make  oath  that  the  greater  port  of 
each  one  of  the  quarter  quarter  sections  of  the  foregoing  tracts  is 
'^swamp  and  overflowed  lands  made  unJGit  thereby  for  cultivation^?^ 
and  is  in  fact  '^unfit  for  cultivation,"  without  necessary  levees  and 
direct  or  indirect,  and  must  state  the  name  of  the  river  or  toaier 


30  APPENDIX. 

drains  to  redaim  the  same ;  that  they  are  made  such  by  reason  of 
the  overflowing 

[HSKE  OIVB  THB  NAME  OP  THE  BHTEB,  THB  CAUSE  OF  THE  OVEBFLOW,] 

in  sach  a  manner  that  no  crops  can  be  raised  thereon,  by  reason  of 
its  overflowed  and  swampy  condition;  that  they  are  not  shallow 
lakes  or  ponds  which  by  natural  causes  may  become  dry.  And 
that  such  was  the  character  thereof  on  the  8th  September,  1850, 
the  day  of  the  passage  of  the  Grant,  that  I  have  ascertained  from 

the  records  of  the  Local  Land  office  at  • 

that  they  are  vacant  public  lands,  and  are  not  in  the  granted 
Section  within  the  six  mile  limits  of  any  grant  made  by  the 
General  Government  to  the  State  of  Iowa  for  Eailroad  purposes, 
nor  embraced  in  any  list  of  lands  within  the  six  and  fifteen  mile 
limits  of  such  grants,  heretofore  approved  by  the  Secretary  of  the 
Interior,  and  certified  to  the  State  by  the  Commissioner  of  the 
General  Land  Office ;  and  further,  that  I  have  no  interest,  direct 
or  indirect,  present  or  prospective,  in  the  issue  or  in  any  parcel  of 
land  herein  described. 

Subscribed  and  sworn  to  before  me  this day 

of ,186... 

,  J.  P. 

NO.  3. 

Attorney  Genebal's  Office. 
Sib  : — ^By  the  Act  of  September  28th,  1850,  Congress  granted  to 
the  State  of  Arkansas  all  the  swamp  and  overflowed  land  rendered 
unfit  for  cultivation  thereby,  within  her  limits,  for  certain  purposes 
mentioned  in  the  Act.  On  the  3d  of  October,  1856,  the  Surveyor 
General  made  a  report,  which  was  filed  in  the  General  Land  Office, 
designating  the  overflowed  lands  which  had  been  selected  by 'the 
State  under  the  grant.  On  the  9th  day  of  February,  1853,  Con- 
gress made  another  grant  to  the  States  of  Arkansas  and  Missouri 
to  aid  in  the  construction  of  a  Railroad,  and  under  this  grant  a 
part  of  the  lands  previously  granted  to  the  State  of  Arkansas  under 
the  denomination  of  Swamp  Lands,  was  included,  and  is  now 
claimed  for  the  use  of  the  Eailroad.  The  question  upon  which 
you  ask  my  advice  requires  a  comparison  of  the  two  laws,  and  the 


APPENDIX  gi 

acts  done  under  them,  so  ae  to  asoertain  which  of  these  is  the  better 
title. 

Does  the  State  take  it  under  the  first  Grant,  or  was  that  Grant 
so  imperfect  that  the  subsequent  disposition  of  it  by  Congress 
passes  the  right  to  the  later  Grantee  i 

Where  there  is  a  conflict  between  two  titles  derived  from  the 
same  source,  either  of  which  would  be  good  if  the  other  was  out 
of  the  way,  the  elder  one  must  always  prevail,  jmor  in  tempore 
posUor  est  in  Jv/re, 

The  difficulty,  therefore,  is  solved,  if  the  mere  Grant,  as  you  call 
it,  gave  the  State  a  right  to  the  land  from  the  day  of  its  date. 
That  it  did  so  there  can  be  no  doubt.  In  an  opinion  which  I  sent 
you  on  the  7th  of  June,  1857,  concerning  one  of  the  same  laws 
now  under  consideration,  I  said  that  a  Grant  by  Congress  does 
of  itself  propria  vigore  pass  to  the  grantee  all  the  estate  which  the 
United  States  had  in  the  subject  matter  of  the  Grant,  except  what 
is  expressly  excepted.  I  refer  you  to  that  opinion  for  the  reasons 
and  authorities  upon  which  the  principle  is  grounded.  It  is  not 
necessary  that  the  patent  should  issue  before  the  title  vests  in  the 
State  under  the  act  of  1850. 

The  Act  of  Congress  was  itself  a  present  grant,  wanting  nothing 
but  a  definition  of  boundaries  to  make  it  perfect,  and  to  attain  that 
object  the  Secretary  of  the  Interior  was  directed  to  make  out  an 
accurate  list  and  plan  of  the  lands,  and  cause  a  patent  to  be  issued 
therefor. 

But  when  a  party  is  authorized  to  demand  a  patent  for  land,  his 
title  is  vested  as  much  as  if  he  had  the  patent  itself,  which  is  but 
evidence  of  his  title. 

The  authority  given  to  the  State  Legislature  to  dispose  of  the 
lands  upon  the  patent,  does  not  make  the  grantee  less  the  exclusive 
owner  of  them  than  she  would  be  if  those  words  were  omitted. 
The  object  of  that  clause  undoubtedly  was  to  prevent  the  Legisla- 
ture of  the  State  from  a  premature  interference  with  the  lands,  be- 
fore they  were  so  designated  as  to  preclude  mistake  and  confusion. 

The  subsequent  grant  by  Congress  to  the  State  for  the  use  of  the 

Tailroad^  could  not  have  been  intended  to  take  away  from  the  State 

the  rights  previously  vested  in  her  for  other  purposes.    "We  are 

never  to  impute  such  intentions  to  the  legislative  department  when 

any  other  construction  can  be  given  to  the  words  of  a  statute. 
11 


82  APPENDIX. 

Even  if  we  could  suppose  that  to  be  the  meaning  of  Congress  in 
this  case,  it  would  avail  nothing  to  the  latter  grantee,  since,  in  all 
cases  of  conveyance,  a  later  grant  must  yield  to  an  earlier.  It  has 
often  happened  that  public  grants,  by  mistake,  have  been  so  de- 
scribed in  general  words,  that  when  they  came  to  be  located,  they 
are  found  to  lie  afoul  of  each  other.  I  believe  it  has  never  been 
thought  that  where  this  happens,  they  are  not  to  be  treated  like 
inconsistent  deeds  made  by  private  persons.  There  are  cases  in 
which  grants  are  made  under  descriptions  so  vague  and  indefinite,  * 
that  neither  the  grantee,  nor  any  other  person,  can  tell  their  loca- 
tions or  boundaries,  until  the  grantee  does  some  act  which  locates 
and  defines  them. 

In  such  cases,  if  another  right  which  is  strictly  defined  inter- 
venes, the  first  grantee  may  lose  what  he  would  have  been  entitled 
to,  if  his  own  grant  had  been  descriptive  and  definite. 

But  that  principle  does  not  apply  here,  because  the  general  de- 
scription of  all  swamp  and  overflowed  lauds  within  the  limits  of 
Arkansas,  is  definite  enough  for  purposes  of  notice. 

Besides,  the  grant  for  the  railroad  was  originally  much  more 
indefinite  than  the  other,  requiring  the  location  of  the  road  to  be 
made  before  the  locality  of  the  lands  could  be  known  at  all.  The 
State  proceeded  to  make  her  selections,  and  to  fix  the  location  of 
the  lands  definitely  before  the  railroad  did  any  such  thing  with  its 
grant.  The  State  therefore  has  the  oldest  and  most  definite  title, 
and  its  lands  were  accurately  located,  and  their  boundaries  partic- 
ularly defined,  agreeably  t^  the  act  of  Congress,  before  the  same 
thing  was  done  by  the  other  claimants. 

Tlie  oldest  title  is  the  most  definite,  and  the  first  location  will 
surely  give  her  priority  and  preference  over  another  grantee  sub- 
sequent in  title,  less  definite  in  the  terms  of  the  grant,  and  later  in 

location.' 

I  am,  very  respectfully,  &c., 

J.  S.  BLACK 
HoK.  Jacob  Thompson, 

Se(fy  of  the  Interior^  Washmgton^  D.  C. 

NO.  4. 

OBNERAL  LAND  OFFICE,   ) 
June  80th,  1862.     ] 

His  Eoocellencyj  ike  Oovemar  of  lowa^  Des  Moines^  Iowa  : 

Sib: — On  the  9th  ult,  and  12th  inst.,  two  reports  for  cash  indemr 


APPE!TDIX.  88 

nitj  nnder  Act  of  2d  March,  1856,  for  Swamp  Lands  in  Lonisa 
and  Fremont  counties,  respectively,  were  submitted  to  the  Hon. 
Secretary  of  the  Interior  for  his  approval  of  the  decision  made 
thereon  as  required  by  law,  if  satisfactory  to  him.  These  cases 
were  returned  on  the  2Tth  inst.,  with  a  communication  of  the  same 
date,  referring  to  his  letter  of  the  25th  April  last,  upon  which  the 
instructions  of  the  81st  ult.,  addressed  to  you,  were  based. 

The  Secretary  has  made  a  re-examination  of  the  subject,  and  has 
decided  thai  the  proof  stdmiitted  is  msuFFiciENT. 

He  says :  "  On  the  26th  of  April  last,  in  a  communication  to  the 
Commissioner  of  the  General  Land  Office,  from  this  Department, 
a  construction  was  given  to  the  Act  of  Congress  of  March  2d,  1856. 
According  to  the  views  then  expressed,  the  proof  ftimished  in  the 
cases  now  under  consideration,  is  entirely  insufficient.  No  Court 
of  justice  would  be  justified  in  the  passing  the  title  to  the  most  in- 
si^ificant  piece  of  property,  upon  such  evidence."* 

"Eecurring  to  the  communication  of  the  26th  of  April.  The 
iact  that  these  lands  have  been  entered,  is  prima  facte  evidence 
that  they  are  not  Swamp,  and  *unfit  for  cultivation,'  and  if  they 
have  since  been  cultivated,  and  without  having  been  reclaimed  by 
a  systematic  process  of  embanking  and  ditching,  there  can  be  no 
claim  against  the  government  on  account  of  the  sale  of  such  lands." 

"Each  tract  alleged  to  be  swamp  lands,  must  be  described  by 
witnesses,  who  can  swear  that  they  are  acquainted  with  it,  and  if 
they  say'it  is  swamp,  they  must  give  such  reasons  for  their  state- 
ment that  will  convince  the  Commissioner  of  the  General  Land 
Office  that  they  are  correct  in  their  conclusions.  It  is  perfectly 
easy  to  describe  these  lands,  no  difference  whether  they  are  made 
swamp  by  being  upoii  the  low  margins  of  overflowed  rivers,  upon 
the  borders  of  marshy  lakes,  natural  swamps,  lands  overflowed  by 
beaver  dams  or  lost  creeks;  all  are  alike  within  the  Act,  if  thereby 
rendered  unfit  tor  cultivation  without  the  aid  of  artificial  means. 
It  will  readily  occur  to  any  one  who  shall  attempt  to  make  the' 
proof,  that  by  describing  and  giving  the  names  of  the  timber, 
shrubs  or  plants  found  growing  upon  the  lands  alleged  to  be  swamp, 
will  in  most  cases  go  far  to  determine  their  character. 

"But  lands  covered  by  temporary,  shallow  ponds,  existing  only 
in  times  of  floods  and  storms,  are  not  swamp  lands.  They  Twust 
be  so  described  that  the  Commissioner  of  the  General  Land  Office 


34  AH'BNDIX 

can  judge  whether  the  lands  are  so  permanently  swamp  or  orer- 
flowed,  that  they  are  absolutely  unfit  for  cultivation,  and  that  can 
be  easily  determined  if  the  seasons  and  causes  which  it  is  supposed 
make  the  lands  swamp,  are  set  out.  It  is  known  to  every  one  of 
common  observation,  that  many  prairie  lands  in  their  wild  state, 
are  covered  with  ponds,  and  timber  lands  with  water,  for  a  consid- 
erable portion  of  the  year,  but  when  cleared  and  tilled,  become 
dry  without  ditches  and  levees.  What  is  sought  to  be  impressed 
is,  that  unless  the  proof  shows  affirmatively  that  the  lands  are 
swamp,  tlie  claim  must  be  rejected. 

"  A  stereotyped  farm  of  proof  will  not  answer.  The  topography 
of  the  country  adjacent  to  the  tract  should  be  described,  and  if  it 
is  found  to  be  situated  upon  the  margin  of  a  river  with  low  banks, 
or  on  the  borders  of  a  marshy  lake,  you  will  have  the  less  difficulty 
in  determining  the  question,  but  if  it  is  fouud  to  be  in  a  region 
where  there  is  no  apparent  reason  to  cause  them  to  be  swamp  or 
overflowed,  the  proof  should  be  more  circumstantial  and  the  con- 
dition of  the  lands  should  be  described  for  a  considerable  length 
of  time,  that  you  may  be  sure  that  the  overflow  is  not  temporary 
"  The  certificate  of  the  Register  and  Receiver  of  the  District  in 
which  the  lands  are  situated,  amounts  to  nothing  at  all.  It  is  no 
part  of  their  duty,  and  it  is  suggested  that  they  be  directed  to  take 
no  part  in  the  matter,  unless  they  shall  be  called  upon  by  the  Com- 
missioner for  information,  for  the  purpose  of  detecting  errors. 

"I  have  therefore  to  state  the  following  as  the  requirements  of 
this  office^  in  presenting  claims  for  indemnity: 

1st.  Testimony  in  support  of  such  indemnity  awards,  must  be 
the  affidavits  of  at  least  two  disinterested  and  respectable  persons, 
who  have  a  personal  and  exact  knowledge  of  the  character  of  the 
land  claimed,  in  its  smallest  legal  subdivision,  as  it  existed  at  the 
date  of  the  Swamp  Grant  of  Sept.  28th,  1850,  which  affidavits  most 
state  the  causes  of  swamp  or  overflow,  designating  the  proportion 
of  each  tract  that  is  claimed  to  be  swamp,  and  unfit  for  cultivation 
in  its  natural  condition  with  a  description  of  the  timber,  the  names 
thereof,  and  the  shrubs  or  plants  growing  on  the  land,  tlie  charac- 
ter and  extent  of  the  means  employed  in  levees,  embankments  or 
drains,  in  order  to  make  the  land  purchased  as  arable,  really  inhab- 
itable as  such,  the  contiguity  of  the  land  to  rivers,  water  courses 
or  lakes,  with  a  general  description  of  the  surrounding  tracts, 
whether  the  land  is  subject  to  overflow,  and  at  what  seasons  and 


APPENDIX.  85 

extent,  and  whether  by  the  removal  of  the  timber  or  by  plowing, 
the  water  disappears  without  ditching  or  draining. 

2d.  The  proof  should  be  the  affidavit  of  the  person  who  pur- . 
chased  the  land  of  the  United  States,  and  also  the  affidavit  of  the 
present  occupant.  When  the  original  purchaser  is  not  resident  of 
the  State  or  had  no  knowledge  of  the  character  of  the  land  in  1850 
or  at  the  date  of  the  purchase,  or  where  the  occupant  is  in  like 
manner  uninformed,  or  the  tract  is  unoccupied,  the  facts  may  be 
established  by  tmo  respectable  and  disinterested  persons,  resident 
nearest  the  land,  and  in  such  cases  the  State  Agent  must  file  with 
the  testimony  his  own  affidavit  to  the  effect  of  the  absence,  want 
of  information  of  the  principal  witnesses,  or  of  the  non-occupancy 
of  the  land,  and  that  the  persons  whose  testimony  is  presented,  are 
the  nearest  informed  residents  to  the  swamp  premises,  and  are  re- 
spectable, creditable  and  disinterested  witnesses. 

8d.  ,The  affidavits  may  be  made  before  a  magistrate  authorized 
to  administer  oaths,  or  before  a  Notary  EHiblic,  under  a  Seal.  If 
by  the  former,  his  official  character  must  be  certified  under  Seal, 
and  the  character  and  credibility  of  the  witnesses  must  also  be  cer- 
tified by  the  officer  administering  the  oaths. 

The  proof  in  the  cases  herein  referred  to,  being  similar  to  that 
submitted  in  other  cases  remaining  on  the  files  of  this  office,  the 
Secretary's  decision  will  apply  equally  to  all,  and  they  are  aU^ 
therefore,  rejected  as  insufficient. 

These  instructions  are  designed  to  supercede  those  of  the  Slst 
ult.,  and  you  will  be  pleased  to  acknowledge  the  receipt  hereof. 
With  great  respect,  Your  Obedient  Servant, 

J.  M.  EDMUNDS,  Ctmrmssioner. 

JTO.  5. 

mDEMNITY  PROOF— NEW  FORM. 

( Wwrrant  Location,) 
STATE  OF  IOWA,  ) 

vss. 

COCTNTT,  ) 

We and of  the  county  of 

,  and  State  of  Iowa,  being  duly  sworn  on  oath 

depose  and  say.  That  we  have  a  personal  and  exact  knowledge  of 
the  character  of  the  following  described  tract  of  land  in  its  small- 


go  APPi^DIX. 

est  legal  sub-divisions,  to-wit : of  section 

in  Township North  of  Bange 

TVest  of  the  fifth  P.  M.  containing acres  of  land  |;  and 

which  was  located  on  the. . .  •  day  of 18 . .  by 

with  Bounty  Land  Warrant  No. . .  .and  for  which  he  received  cer- 
tificate No :  We  fiirther  say  that  the  greater  part  of  each  forty 

acre  tract  of  said  land  was,  on  the  28th  day  of  September,  1850, 
and  still  is,  swampy,  or  subject  to  such  regular  periodical  overflows, 
either  at  the  planting,  growing,  or  harvesting  season  ajs  would 
materially  injure  or  destroy  a  crop, — ^and  as  such  rightfully  enured 
to  the  State  of  Iowa  under  the  provisions  of  an  Act  of  Congress, 
approved  September  28,  1850,  entitled  "  An  Act  to  enable  the 
State  of  Arkansas  and  other  States  to  reclaim  the  Swamp  Lands 
within  their  limits  :"  That  we  know  that  at  the  time  of  s«dd  Grant 

all  that  part  of  the  above  described  tract  of  land,  to-wit : 

being  at  least . ...  acres  of  said  tract  was,  and  is  unfit  for  use 

or  cultivation  in  its  natural  state  and  condition,  and  not  arable,  or 
really  inhabitable  as  such  without  the  following  or  other  artificial 
means  being  employed,  to-wit : 

[Here  describe  the  means  necessary  to  reclaim  the  land.] 

I 
I 

That  the  swampy  character  of  said  land  is  caused  by, 

[State  the  cause  of  swampy  character.] 

That  the  same  is  not  caused  by  showers  or  occasional  fall  or  over- 
fiow  of  water  so  rarely  as  not  to  render  said  swampy  land  unfit  for 
cultivation ;  but  such  swampy  character  is  a  permanent  characteris- 
tic of  said  premises :  that  the  water  is  frequentiy  of  the  depth  of 

on  said  swampy  or  overfiowed  portions,  during  such  seasons  of 

the  year  as  prevents  the  growing  of  crops  thereon,  unless  rendered 
fit  for  use  in  the  manner  above  stated  :  that  the  water  is  frequently 

of  the  depth  aforesaid  during  the season  of  the  year  :  that 

the  shrubs  and  plants  usually  growing  on  said  land  are 

[Describe  vegetation  and  timber.] 

That  neither  the  removal  of  the  timber  from  said  premises,  nor  the 
plowing  thereof  would  render  said  land,  or  any  part  of  it  above 
stated,  to  be  wet  and  swampy,  fit  for  cultivation,  without  employ- 


APPENDIX.  87 

ing  also  theotlier  artificial  means  above  stated  as  necessary,  or  other 
like  means  :    That  the  surrounding  tracts  near  said  premises  are  : 

[Describe  surrounding  country.] 

All  of  which,  as  well  as  reasons  why  we  make  this  affidavit,  will 
more  folly  appear  by  our  several  answers  to  the  questions  herein- 
after contained,  to-wit : 

Question  1.    What  is  your  age  and  occupation  ? 

Question  2.  State  folly  your  means  of  knowledge  of  the  char- 
acter of  the  lands  above  described. 

Question  3.  What  particular  part  of  the  land  is  overflowed  or 
swampy  i 

Question  4.  What  is  the  cause  of  such  swampy  or  overflowed 
character  ? 

Question  6.  What  is  the  character  of  the  shrubbery  on  this 
and  surrounding  tracts  t 

Question  6.  Give  the  topography  of  this  and  surrounding 
lands. 

Question  7.  State  the  seasons,  and  depth  of  water,  and  the  ex- 
tent of  said  overflow  or  swampy  character. 

Question  8.  If  any  part  of  the  land  is  under  cultivation  state 
which,  and  the  means  employed  for  reclaiming  the  same. 

Question  9.  Would  the  water  and  swampy  character  of  the 
land  disappear  by  clearing  off  timber,  or  by  cultivation  of  the 
premises  without  ditching,  embanking  or  draining  ? 

Question  10.  If  the  land  is  occupied  by  any  person,  state  by 
whom,  and  where,  if  you  know  is  the  person  who  entered  the  land; 
and  had  he  any  knowledge  of  the  character  of  the  land  at  the  time 
he  entered  the  same  ? 

Question  11.  State  whether  the  country  about  is  ^AinZy  or 
thicJdy  settled,  and  why  you  are  better  acquainted  with  the  land 
thtm  those  residing  nearer,  if  such  is  the  case  ? 

Answebs  to  all  the  questions  in  thsib  order. 

Snbflcribed  and  sworn  to  before  me  by and in  the  County 

State  of  Iowa,  on  this day  of  . . .  .186. .. 

f^-wA-'-.N .         In  testimony  whereof^  witness  my  hand  and  Beal  of  Office, 
L.  8.  V 
^ • '  Notary  Publia 


gg  APPENDIX. 

NO.  e. 

ExtraoU  from  the  Argument  of  the  American  Emignmt  Compcmy^ 

on,  hehalf  of  Wright  County, 

By  that  Grant,  (Act  1850)  all  the  estate,  right  and  title  which 
the  United  States  had  in  the  "swamp  and  overflowed  lands"  within 
its  limits,  passed  to  and  became  vested  in  the  State  of  Iowa.  It 
was  a  present  grant ;  no  patents  were  necessary ;  no  selections 
needed  to  be  made  to  pass  the  title.  The  act  itself  did  it.  The 
fee  thns  being  in  the  State  it  must  there  remain  until  disturbed  by 
the  consent  of  the  State — the  grantee.  This  is  held  to  be  the 
effect  of  such  a  grant  by  the  highest  authority.  (See  Report  of 
the  Land  Commissioner,  Oct.  11,  1861,  Appendix  No.  7.)  "We 
refer,  also,  to  the  opinion  of  the  late  Attorney  General  Black, 
dated  June  7th,  1857,  on  file  in  the  Department,  and  to  the  cases 
he  cited.  We  also  refer  especially  to  his  opinion  on  the  effect  of 
this  identical  Grant,  Nov.  10, 1858.    *    *    *    (Appendix  No.  3.) 

The  §tate  by  an  Act  of  the  Fourth  General  Assembly  granted 
all  these  lands,  and  claims  for  indemnity,  to  the  counties  respect- 
ively in  which  the  same  is  situated ;  and  the  American  Emigrant 
Company  is  the  purchaser  of  the  vacant  lands,  and  the  claims  for 
scrip,  in  good  faith,  in  Wright  County,  for  the  purpose  of  actual 
settlement,  and  have  undertaken  to  make  the  improvements  for 
which  these  lands  and  claims  have  been  granted  and  set  apart.  The 
objects  of  the  Company  are  legitimate,  and  they  claim  this  indem- 
nitv  in  good  faith.  Notwithstanding  the  gi*ant  to  the  State,  and 
of  the  State  to  the  counties,  the  United  States,  prior  to  1855,  con- 
tinued to  dispose  of  the  swamp  and  overflowed  lands  in  Iowa,  and 
other  States,  as  if  no  such  grant  had  been  made.  The  lands  in 
question  in  Wright  County,  as  well  as  elsewhere,  were  disposed  of 
to  "  locators,"  by  warrants  and  scrip,  as  other  lands  not  swamp 
and  overflowed.  In  due  time  it  was  ascertained  that  the  United 
States,  having  by  grant,  vested  these  lands  in  the  State,  could  not 
give  a  good  title  to  the  locators  and  purchasers. 

In  this  dilemma,  one  of  two  courses  was  to  be  pursued :  Ist, 
To  withdraw  all  the  public  lands  in  the  State  from  market,  cancel- 
ing all  sales  of  these  lands,  and  wait  until  the  swamp  and  over- 
flowed lands  could  be  selected  and  set  apart  from  the  list  of  other 
lands,  which  would  have  T^een  regarded  as  a  great  public  loss,  and 


APPENDIX.  89 

would  have  broken  up  extensive  arrangements  made  for  selling. 
Or,  2d,  To  continue  to  locate  and  dispose  of  them  as  before  the 
grant,  as  other  public  lands,  and  then  to  indemnify  the  States  for 
what  swamp  land  should  be  thus  disposed  of  by  the  General  Gov- 
ernment.   The  latter  course  was  preferred.    The  locations  and 
sales  were  continued  by  the  Department,  and  Congress,  March  2d, 
1855,  passed  the  Act  entitled  ^^An  Act  for  the  relief  of  purchasers 
and  locators  of  swamp  and  overflowed  lands?'*    This  Act,  among 
other  things,  provided,  "upon  due  proof  by  the  authorized  Agent 
of  the  State  or  States,  before  the  Commissioner  of  the  General 
Land  Office,  that  any  of  the  lands  purchased  were  swamp  lands 
within  the  true  intent  and  meaning  of  the  Act  aforesaid,  the  pur- 
chase money  shall  be  paid  over  to  the  said  State  or  States ;  and 
when  the  land  has  been  located  by  warrant  or  scrip,  the  said  State 
or  States  shall  be  authorized  to  locate  a  quantity  of  like  amount, 
upon  any  of  the  public  lands  subject  to  entry,  at  one  dollar  and  a 
quarter  per  acre,  or  less,  and  patents  shall  issue  therefor  upon  the 
terms  and  conditions  enumerated  in  the  Act  aforesaid ;  jprovided^ 
however^  that  the  said  decisions  of  the  Commissioner  of  the  Gen- 
eral Land  Office  shall  be  approved  by  the  Secretary  of  the  Interior." 
The  State  of  Iowa,  by  various  enactments,  assented  to  this  act  of 
Congress.    This  assent  completed  a  compact  between  the  United 
States,  as  grantor,  and  the  State,  as  gra/nteey  binding  on  both  relar 
tive  to  the  lands  in  question.     Under  instmctionB  issued  to  the 
Governor,  and  according  to  forms  of  a  most  stringent  character  pre- 
scribed by  the  General  Land  Office, — so  stringent  as  to  cut  off 
almost  all  the  grant  to  Iowa — ^the  State  proceeded,  at  its  conven- 
ience, but  as  rapidly  as  circumstances  would  permit,  to  make  seleo-  ' 
tions,  and  to  present  to  the  Commissioner  of  the  General  Land 
Office  due  proof  that  the  lands  in  question,  and  other  lands,  which 
had  been  located,  or  thereafter  should  be  located,  by  warrants  and 
scrip,  were  "swamp  and  overflowed  lands"  within  the  true  intent 
and  meaning  of  the  grant.    Thereupon  the  General  Government 
also  proceeded,  as  usual,  to  issue  patents  to  the  locators  and  pur*- 
chasers  of  these  lands,  to  make  good  their  titles  under  and  by 
authority  derived  from  this  act,  (for  there  was  and  is  no  other,) 
to  issue  warrants  and  scrip  to  Iowa  and  other  States,  as  an  indem- 
nity for  the  lands  thus  located  and  sold,  as  rapidly  as  proof  con- 
forming to  the  instructions  to  the  Governor  could  be  presented. 
12 


90  APPENDIX. 

The  United  States  could  not  then,  and  cannot  hereafter,  relieve 
the  purchasers  of  swamp  and  overflowed  lands  by  virtue  of  any 
other  act.  This  act  has  provided,  and  stiU  provides,  ample  and 
satisfactory  indemnity  to  the  State,  and  must  continue  to  provide 
the  only  relief  which  the  purchasers  and  locators  of  these  lands  can 
have;  and,  since  the  compact,  it  is  the  only  indemnity  the  State 
can  demand.  As  long  as  it  gives  the  General  Government  power 
to  issue  patents  for  the  lands  which  have  been  entered,  located  and 
sold,  so  long  it  provides  for  the  indemnity  due  to  the  States,  and 
no  further  legislation  can  be  required  by  the  United  States,  by  the 
locators  or  purchasers,  or  by  the  States  to  whom  these  lands  have 
been  granted.  It  was  not  limited  to  any  particular  period,  but 
provided  for  those  emergencies  whenever  and  wherever  they  should 
be  proved  to  exist 

Prior  to  1851,  the  General  Land  Office  acted  upon  the  assump- 
tion that  the  grants  to  the  States  were  regarded  as  taking  effect 
from  the  dates  when  the  selections  were  reported  to  the  proper 
officers  for  approval,  and  not  from  the  date  of  the  law.  But  in  the 
latter  part  of  1851,  that  ruling  was  reveraed,  and  it  has  since  bBen 
held  that  the  swamp  and  overflowed  land  grant  vested  the  title  in 
the  States  at  the  time  of  its  passage,  and  was  not  dependent  on  the 
fiiture  act  of  any  party  whatever.  The  Land  Office  could  regulate^ 
but  could  not  prevent. 

"We  refer  to  a  communication  from  the  Land  Office  to  the  Secre- 
tary of  the  Interior,  October  11  ih,  1861.  (No.  7.) 

*  *  *  *  The  act  of  3d  of  March,  1857,  spoken  of  by  the 
Commissioner  of  the  General  Land  Office  in  this  communication, 
is  what  its  title  imports:  "An  act  to  confirm  to  the  several  States 
the  swamp  and  overflowed  lands  selected  under  the  act  of  Sept.  28, 
1850,  and  the  act  of  2d  March,  1849."  And  among  other  things 
it  provides:  "That  the  selections  of  swamp  and  overflowed  lands 
granted  to  the  several  States  by  the  act  of  Congress,  approved 
September  twenty-eight,  eighteen  hundred  and  fifty,  entitled  "An 
act  to  enable  the  State  of  Arkansas,  and  other  States,  to  reclaim 
the  swamp  lands  within  their  limits,"  and  the  act  of  second  of 
March,  eighteen  hundred  and  forty-nine,  entitled  "An  act  to  aid 
the  State  of  Louisiana  in  draining  the  swamp  lands  therein,"  here- 
tofore made,  and  reported  to  the  Commissioner  of  the  General  Land 
Office,  so  far  as  the  same  shall  remain  vacant  and  unappropriated. 


APPENDIX.  91 

and  not  interfered  with  by  an  actual  settlement  nnder  any  existing 
law  of  the  United  States,  be,  and  the  same  are  hereby  confirmed, 
and  shall  be  approved  and  patented  to  the  ssdd  several  States,  in 
conformity  with  the  provisions  of  the  act  aforesaid,  as  soon  as  may 
be  practicable  after  the  passage  of  this  law;  provided^  however j 
that  nothing  in  this  act  contained  shall  interfere  with  the  pro- 
visions of  an  act  of  Congress,  entitled  "An  act  for  the  relief  of 
purchasers  and  locators  of  swamp  and  overflowed  lands,^'  approved 
March  the  second,  eighteen  hundred  and  fifty-five,  which  shaU  he 
and  is  herehy  oorUinued  in  force^  and  extended  to  aJl  entries  and 
locaUona  of  lands  dammed  as  swamp  lands^  made  since  its  passage?^ 
Now,  we  respectfully  submit  that  there  is  not  one  word  in  this 
act  (3d  March,  1867,)  which  repeals,  or  attempts  to  repeal,  or  limits, 
or  attempts  to  limit,  the  provisions  of  the  act  of  2d  March,  1856, 
Bo  ££»*  as  the  indemnity  to  the  States,  or  relief  to  the  locators  and 
purchasers  are  concerned;  but,  on  the  contrary,  as  if  fearing  its 
silence  might  be  otherwise  construed,  it  expressly  continues  itp 
provisions  in  force,  and  extends  them  "to  all  entries  and  locations 
of  lands,  claimed  as  swamp  lands,  made  since  its  passage." 

The  lands  in  Wright  county  had  been  located  prior  to  the  pas- 
sage of.  the  act  of  3d  March,  1857,  and  therefore  came  within  its 
express  provisions. 

We  repeat  that  the  act  of  2d  March,  1866,  notwithstanding  the 
act  of  8d  March,  1857,  is  now  in  full  force,  giving  the  General 
Government  power  to  issue  patents  for  sales  and  selections  made 
and  reported  since  its  passage,  providing  for  indemnity  to  the 
States,  and  giving  relief  to  locators  and  purchasers,  as  well  as  prior 
to  that  date. 

The  Act  01  the  3d  March,  1867,  don't  say  ^^reported^^  before 
that  "date,"  nor  does  it  exclude  what  is  reported  after  that  date. 
We  cannot  learn  that  the  Secretary  of  the  Interior  has  ever  inti- 
mated that  locators  and  purchasers  of  these  swamp  and  overflowed 
lands,  since  3d  March,  1867,  were  not  entitled  to  patents,  or  that 
the  States  were  not  entitled  to  indemnity  according  to  the  Act  of 
2d  March,  1856,  as  held  by  the  Commissioner  of  the  General  Land 
Office.  If  it  has  been  repealed,  or  has  expired  by  any  limitation, 
we  repeat,  the  United  States,  the  locators  and  purchasers,  and  the 
States  are  without  relief,  and  are  in  the  same  dilemma  that  existed 
at  the  time  of  its  passage.    If  the  Act  of  March  2d,  1866,  is  not 


92  APPENDIX. 

in  full  force  with  all  its  provisions,  we  would  ask  by  what  authority 
the  United  States  can  make  good  the  title  to  any  swamp  land  sold 
since  1857?  If  in  force  for  one  purpose,  is  it  not  for  all  ?  From 
its  language  we  are  bound  to  say  it  is  prospective  as  well  as  retro- 
spective, in  its  effects.  It  says,  "who  have  made  entries  of  the 
public  lands,"  "claimed  as  swamp  lands,"  "prior  to  the  issue  of 
patents  to  the  State."  It  does  not  say  who  have  made  entries 
heretofore  claimed  as  swamp  lands.  It  was  to  provide  for  difficul* 
ties  that  must,  in  the  course  of  events,  happen  thereafter  and  prior 
to  the  issuing  of  patents  to  the  States,  no  matter  how  long  the 
delay  or  time  that  might  intervene.  If  statutes  are  not  retrospect- 
ive in  terms,  they  will  not  receive  that  effect  by  construction.* 

*1  Keni^  511,  and  cases  cited.    8  JDenio^  594,  Davks  v.  QuaJcenlmsh. 

*10  Smede  <&  Marshall^  699.     Hooker  v.  JETooker. 
In  construing  that  Act,  its  intention  will  be  inferred  from  the 
occasion  and  necessity  of  the  law,  as  set  forth  in  the  document  of 
Oct.  11, 1861,  (No.  7,)  the  mischief  felt  and  the  object  and  remedy 
in  view.     1  Kent^  521. 

It  was  the  purchaser  that  wanted  relief,  no  matter  at  what  time 
or  where  he  had  purchased,  or  should  purchase ; — these  lands  had 
been  sold,  the  Government  was  selling  others  every  day,  and 
would  continue  to  sell  them  until  all  the  swamp  lands  were  sold 
or  patented  to  the  States.  (See  No.  7).  The  mischief,  if  we  may 
call  it  such,  was  a  "  continuing  mischief,"  and  could  not  be  reme- 
died by  an  act  retroaetive  only  in  its  effects.  It  is  evident  that 
Congress  did  not  intend  to  leave  the  Land  Department  in  a  dilem- 
ma which  would  require  a  new  act  for  relief  as  often  as  Iftnds  are 
located.  *  *  If  the  lands  granted  could  be  patented  to  sub- 
sequent locators  under  warrants,  and  to  purchasers  from  the  United 
States,  without  indemnity  to  the  States,  the  States  could  not  re- 
claim them,  and  the  object  of  the  grant  would  be  defeated. 

The  United  States,  in  such  cases,  takes  the  purchase  money,  but 
the  State,  which  is  the  owner,  gets  no  consideration,  except  what 
is  provided  in  this  Act.  If  the  Act  was  retroactive  only,  why  did 
the  Act  of  8d  March,  1857,  confirming  the  swamp  and  overflowed 
land  selections,  expressly  provide  that  "nothing  in  this  Act  con- 
tained shall  interfere  with  the  provisions  of  the  Act  of  2d  March, 
1856 "  ?  How  could  there  be  any  interference  with  a  law  that 
was  retroactive  only? 


APPENDIX.  gg 

*  *  In  the  Act  of  12th  March,  1860,  extending  the  swamp 
land  grant  to  Minnesota  and  Oregon,  Congress  again  recognizee 
the  existence,  prospective  nature  and  force  of  the  Act  of  2d  March, 
1855,  for  it  limits  the  new  grant  to  the  unsold  lands.  Why  this 
restriction,  if  under  the  law  as  it  then  stood — applicable  to  the 
other  States — indemnity  was  not  allowable  for  lands  that  had  been 
selected  and  sold  ? 

*  *  This  Act  of  12th  March,  1860,  prescribes  a  period  then 
following,  within  which  selections  of  swamp  lands  in  Iowa  and 
other  States,  to  which  the  grant  was  first  applied,  shall  be  made. 
It  gives  this  and  other  States  several  years  from  the  date  of  the 
Act  to  make  selections,  not  only  of  the  unsold  but  of  the  sold  lands. 

If  there  was  no  indemnity  then  provided,  why  did  it  not  restrict 
the  States  to  select  so  much  as  had  not  been  sold  ?  Why  permit, 
and  authorize  the  States  to  continue  making  selections  of  land  that 
had  been  located  and  sold,  and  to  incur  the  expenditure  of  making 
the  proof  which  the  Department  requires,  if  there  was  no  indem- 
nity provided!  This  act  contains  the  only  notice  that  the  time  for 
selections  was  ever  to  be  limited.  Not  the  least  allusion  is  made 
to  any  time  within  which  they  were  to  be  reported.  The  Secretfor 
will  look  in  vain  *  *  for  a  word  in  any  of  the  subsequent  acts, 
except  the  act  of  12th  of  March,  1860,  as  to  selections ;  to  limit 
the  force  of  this  fundamental  act;  and  also,  in  vain  for  any  subse- 
quent act  which  does  not  recognize  its  ample  authority  and  provis- 
ion for  indemnifying  the  States,  as  well  as  relieving  the  United 
States  locators  and  purchasers. 

Let  us  suppose,  for  the  sake  of  argument,  that  the  act  of  2d  of 
March,  1855,  did  of  itself  operate  retrospectively.  Then,  it  is  plain 
that  it  is  extended  by  act  of  3d  of  March,  1857,  to  that  date,  and 
that  it  is  further  extended  by  the  act  of  12th  of  March,  1860  so 
that  the  benefits  of  the  act  of  28th  of  Sept.,  1850,  shall  be  extended 
to  Minnesota  and  Oregon.  *  *  Whenever  a  power  is  given  by 
a  Statute,  every  thing  necessary  to  make  it  eflectual  is  implied 
1.  KerU,  524. 

This  act  of  12th  of  March,  i860,  gives  to  the  States  of  Minne- 
sota  and  Oregon  the  power  to  make  selections  of  the  unsold  and 
the  other  States  to  make  selections  generally,  as  well  of  the 
sold  as  the  unsold  land.  Therefore,  this  power  to  select  swamp 
and  overflowed  land  soldy  carries  with  it  the  implied  right  to  in- 


94  APPENDIX. 

demnity ;  for  without  indemnity  the  power  to  select  would  be  use- 
less. *  *  If  it  be  said  that  this  act  of  1860  does  not  specify 
clearly,  and  in  terms  say,  that  the  sold  lands  may  be  selected  in  aU 
the  States  except  Minnesota  and  Oregon,  we  answer:  That  it  is  a 
legal  maxim,  that  "  the  expression  of  the  one,  is  the  exclusion  of 
the  other,"  that  to  say  vacant  land  to  Minnesota  and  Oregon,  is  to 
exclude  that  word  vacant  from  any  application  to  the  other  States. 
♦  *  The  eifect  is  the  same  as  if  the  rights  were  given  to  the  old 
States  in  terms.  We  therefore  submit  that  the  State  of  Iowa  is 
entitled  to  indemnity  for  all  the  land  located  by  warrants  and  scrip 
in  Wright  County,  though  not  reported  till  after  3d  of  March,  1857, 
for  the  following  among  other  reasons: 

Ist.  The  letter  of  the  act  of  2d  of  March,  1855,  makes  it  pros- 
pective as  well  as  retroactive,  and  provides  ample  indemnity,  and 
is  without  limitation  as  to  time. 

2d.  The  evil  was  a  continuing  one,  and  could  not  be  remedied 
by  a  law  retroactive  only,  and  if  we  consider  the  object  of  the  law 
we  cannot  construe  it  retroactive  only. 

8d.  Any  other  construction  is  a  diversion  of  the  grant,  and  would 
defeat  its  object. 

4th.  The  act  of  March  3d,  1857,  is  a  concession  that  the  act  of 
1855  was  then  in  force.  The  act  of  March  12,  1860,  is  a  conces- 
sion that  it  was  then  in  force.  Both  are  confirmatory  so  far  as  in- 
demnity is  concerned. 

5th.  The  U.  S.  are  now  patenting  land  for  the  "relief  of  pur- 
chasers" under  the  act  of  1855,' which  cannot  be  done  if  it  is  retro- 
active only. 

6th.  Any  other  construction  is  more  unjust  to  the  TJ.  S.  than  to 
the  States.  If  the  act  of  1855  is  retroactive  only.  Congress  must 
re-enact  the  same  law  "for  the  relief  of  purchasers,"  with  the  risk 
that  the  States  might  not  accept  the  indemnity  instead  of  the  land. 

7th.  Every  part  of  the  act  of  1855  by  our  construction  stands, 
though  the  90  day  clause  expires  by  its  own  limitation. 

8th.  If  the  act  of  1855  had  been  retroactive  only,  the  act  of  1860 

extends  it 

NO.  7. 

GENERAL  LAND  OFFICE, ) 

OCTOBBB  11,  1861.       S 

Hon.  Calsb  B.  Sihth,  Secretary  of  the  Interiar: — Sib: — ^The 


APPENDIX.  95 

claims  under  tlie  swamp  grants  of  1849  and  1850,  have  now  reached 
in  round  numbers,  nearly  sixty  millions  acres,  and  as  claims  are 
still  coming  before  us  for  such  lands  "mjpZac^,"  as  well  as  for  in- 
demnity where  sold  or  located  by  the  United  States,  we  have  had 
the  matter  under  examination,  with  a  view  to  determine  whether 
the  existing  rules,  resting  upon  practice  established  under  the  direc- 
tion of  your  predecessors,  are  sufficiently  effective  to  secure  the 
ends  of  justice. 

The  following  are  the  laws  relating  to  the  swamp  grant : 

1st— The  Act  of  March  2d,  1849. 

2d— The  Act  of  September  28th,  1850. 
.  3d— The  Act  of  March  2d,  1855. 

4th — ^The  renewed  indemnity  and  confirmatory  Act  of  March  3d, 
1857. 

6th — ^The  Act  of  March  12th,  1860,  limiting  selections  to  lands 
not  disposed  of  by  the  Government,  and  restricting  the  period  in 
which  selections  are  admissible. 

The  original  construction  given  to  the  swamp  grant  by  this  office, 
was  under  date  of  Semtember  30th,  1851,  in  a  letter  addressed  to 
the  Secretary  of  the  Interior,  in  which  it  was  held  as  follows :  "  In 
view  of  the  large  amount  of  money  and  land  involved  in  these 
applications,  and  others  of  like  character  that  will  be  made  by  other 
States  interested  in  this  grant,  I  have  carefully  examined  the  sub- 
ject, and  am  of  the  opinion,  that  these  grants  must  be  regarded  as 
taking  effect  from  the  dates  when  the  selections  are  reported  to  the 
proper  officers  and  approved — ^and  not  from  the  date  of  the  law. 
The  act  of  1849  states  expressly,  as  you  will  perceive  by  the  words 
underscored,  that  on  the  approval  of  the  Secretary,  the  fee  simple 
shall  vest  in  the  State;  and  the  act  of  1850  makes  the  fee  to  vest 
in  the  State  on  the  issuing  of  the  patent.  The  earliest  period  then, 
that  this  grant  can  be  considered  as  attaching  to  the  land,  is  that 
when  the  selections  are  made  known  as  aforesaid  and  approved." 

This  was  affirmed  on  the  2d  October,  1851,  by  Secretary  Stuart* 

Subsequently,  however,  under  date  of  23d  December,  1851,  the 

same  functionary  reversed  his  first  ruling,  and  held  the  swamp  a 

grant  ^^mpreaentV* 

The  effect  of  this  reversal  and  decision  was  to  treat  this  Grant, 
necessarily  indefinite  until  rendered  certain  by  actual  selection,  as 
an  effective,  operative  present  title.    The  ordinary  system  of  sell* 


96  APPENDIX. 

ing  and  locating  lands,  was  of  coarse,  in  full  operation,  sweeping 
over  the  public  domain  ;  and  under  that  system,  individuals  not 
discriminating,  and  the  local  officers  not  having  the  data  in  the  ab- 
sence of  selections  to  discriminate,  it  followed  that  thousands  of 
sales  and  locations  were  made,  which  afterwards.  Agents  represent- 
ing the  Swamp  States,  claimed  to  be  Swamp  Lands  of  prior  date, 
and  State  property  in  virtue  of  the  assumed  ^r^<^^  grant,  by  the 
Acts  of  1849  and  1850  to  those  States. 

The  result  was  that  the  General  Government  was  forced,  either 
to  annul  all  such  sales  and  locations,  or  to  legislate  a  direct  reversal 
of  said  decisions,  or  provide  other  means  of  relief.  Hence  the  in- 
demnity Act  of  March  2, 1855,  wes  determined  upon  as  the  proper 
remedy  ;  although  prior  to  its  passage  many  such  sales  and  loca- 
tions had  fallen  to  the  ground. 

The  effect  of  this  Act  of  1855  was  a  general  confirmation  of  all 
sales  prior  to  its  passage,  and  grant  of  indemnity  to  the  States,  in 
cash  for  the  amount  of  such  sales,  and  in  other  lands  for  the  area 
covered  by  locations.    Even  prior  to  the  passage  of  this  Act  of 

1856,  numerous  individual  applications  reached  this  Office,  deny- 
ing, in  specified  cases,  that  the  lands  which  had  been  selected  as 
Swamp  were  really  such,  and  offering  to  prove  it ;  and  in  the 
progress  of  events,  such  contesting  applications  under  oath  reached 
by  estimate  three  millions  of  acres.  So  accordingly  investigations 
were  ordered,  the  papers  coming  in  by  bushels ;  numerous  selec- 
tions were  proven  to  be  dry  land  and  canceled.  Fending  these 
proceedings,  Congress  intervened,  by  the  said  Act  of  3d  March, 

1857,  qualifiedly  affirming  all  past  Swamp  selections,  and  con- 
tinuing indemnity  to  the  States  on  account  of  prior  sales,  &c.  ; 
finally,  however,  followed  by  said  Act  of  March  12, 1860,  forbid- 
ding the  Swamp  Grant  from  taking  hold  of  any  sold  or  located 
lands,  and  virtually  affinning  the  principles  of  the  aforesaid  first 
decision  of  this  office,  dated  September  30, 1861. 

Now  we  return  to  ihe  pra/stioe  which  has  prevailed  in  respect  to 
the  mode  of  proof  of  the  swampy  character  of  lands.  In  regard 
to  Michigan  and  Wisconsin  the  rule  agreed  upon  by  the  authorities 
of  those  States  and  the  Department  has  been  this,  that  the  descrip- 
tive notes  connected  with  the  surveys  should  control.  If  these 
notes  describe  lands  as  swamp,  they  were  acknowledged  as  such. 
If  not  so  described  therein,  they  were  not  selected  or  recognized. 


APPENDIX^  9Y 

In  the  other  States  the  selections  were  made  by  State  Agents  and 
filed  in  the  office  of  the  Surveyor  General,  where  such  office  existed, 
and  where  not,  with  the  Register  and  Receiver,  accompanied  by 
affidavits  in  accordance  with  the  circular,  *  *  dated  November 
21,  1850.  In  the  progress  of  this  business,  it  became  apparent 
that  great  abuse  had  arisen  in  making  such  selections  through  in- 
dividual speculation ;  first,  in  the  transfer  by  the  States  of  their  in- 
terest to  Counties,  thence  to  individuals  who  procure  and  file  eoo- 
parte  proof.  The  proceedings  of  the  Department  show  efforts  to 
correct  the  same  by  more  stringent  regulations  in  that  respect. 
The  Act  of  March  3, 1857,  withdrew,  however,  to  a  certain  extent, 
a  large  class  of  selected  lands  from  executive  investigation,  closing 
down  upon  the  matter  by  a  qualified  recognition  of  the  Swamp  se- 
lections prior  to  that  time.  This  office,  however,  exerted  its  power, 
to  the  extent  of  its  subordinate  ability,  in  subjecting  such  selections 
to  as  severe  a  scrutiny  as  the  printed  regulations  allowed;  and  in 
furtherance  of  this  object,  laid  down  the  stringent  principles  dated 
January  6,  1860.  To  this,  the  late  Secretary  of  the  Interior  re- 
plied September  15th,  1860,  holding  as  follows:  "The  principal 
point  is  this :  Your  instructions  seem  to  have  been  framed  upon 
that  construction  of  the  Act  of  September  28th,  1850,  which  re- 
gards that  law  as  granting  only  such  lands  as  were  both  Swamp 
and  Overflowed,  and  by  the  overflow  rendered  unfit  for  cultiva- 
tion. It  would  appear  to  be  a  consequence,  that  such  lands  could 
only  be  found  in  the  vicinity  of  large  streams,  liable  to  long  con- 
tinued overfiow,  at  seasons  of  the  year  rendering  the  overflowed 
land  unfit  for  cultivation.  This  view  I  do  not  regard  as  just  and 
liberal.  Whilst  that  may  have  been  the  original  and  restricted  aim 
of  many  friends  of  that  law,  who  regarded  it,  after  its  passage,  as 
so  restricted  in  its  effects,  there  were  others  who  have  always  re- 
garded that  Statute  as  granting  all  lands,  of  which  the  greater  part 
of  any  forty  acre  sub-division  in  its  natural  state,  was  wet  and  unfit 
for  cultivation,  either  by  reason  of  swamp  or  of  the  overflow  of 
streams,  and  to  reclaim  which  to  cultivation  the  construction  of 
levees  or  drains  would  be  necessary.  Either  one  of  these  causes 
singly,  or  both  of  them  conspiring  together  to  render  lands  wet 
and  unfit  for  cultivation,  in  my  opinion,  brings  the  lands  within 
the  .terms  of  the  grant,  and  hence,  there  may  have  been  prairie 
swamp  lands  granted  by  the  law,  as  well  as  low,  overflowed  bottom 

13 


98  APPENDIX 

huadfi.  Sach  was  the  conBtmction  placed  upon  that  law  imiiLedi* 
ately  after  its  passage,  and  under  tlMtt  constmctlon  it  has  been,  I 
believe,  thus  far  administered  and  for  this  reason,  if  I  regarded 
your  views  on.  this  point  as  correct,  I  should  not  be  willing  to 
change  the  construction  in.  that  respect,  after  such  lapse  of  time." 

The  practice  which  has  i9lnce  followed  these  instractions,  in  my 
judgment,  should  be  amended  by  the  adoption  of  further  means,  in 
order  to  place  the  character  of  all  such  selections  beyond  question 
or  controversy.  It  is  estimated  that  the  quantity  of  land  for  which 
indemnity  will  be  claimed  in  cash  or  other  lands,  will  reach  to 
69692,277.66  acres.  Surely  such  immense  interests  should  be  sub* 
jected  to  the  severest  .scrutiny.  The  States,  as  grantees,  would  not 
desire  that  their  agents  or  assignees,  under  color  of  grant,  should 
succeed  in  claims  not  clearly  allowable  by  said  grant.  The  United 
l^tes,  as  grantor,  has  a  right  to  demand  at  our  hands  the  utmoet 
vigilance  and  scrutiny,  now  pressed  in  these  times  of  trial,  as  the 
Government  is  by  other  obligations,  to  the  end  that  not  a  dollar, 
should  be  paid,  nor  an  acre  granted,  not  clearly  shown  to  be  alegal 
and  just  obligation. 

Tq  this  end,  therefore,  I  recommend  the  adc^tion  of,  and  a  strict 
adherence  to,  the  principles  laid  down  in  a  letter  from  this  office, 
of  July  2, 1860,  and  where  any  case  comes  before  the  department, 
that  it  be  brought  to  the  test  of  these  principles. 

In  connection  with  the  foregoing,  I  now  submit  a  report.  No. 
13,392,  on  a  claim  of  the  State  of  Iowa,  for  refunding  $6,006.93  on 
account  of  lands  claimed  in  said  State  as  swamp,  which  have  been 
sold  by  the  United  States  as  dry  lands.  The  proof,  in  printed  form, 
has  been  produced  in  support  of  this  daim,  under  the  old  ruling 
and  practice  of  the  Department.  *  *  *  If  the  old  rule  prevails, 
the  account  should  be  approved;  but  if  not,  it  should  be  subjected 
to  the  principles  of  the  instructions  of  July  2d,  1860,  which  is 
recommended.  It  is  suggested,  if  it  shall  be  deemed  necessary  to 
dear  the  claim  of  all  doubt,  that  this  oflSice  have  the  power  to 
remand  the  list,  with  orders  for  a  special  field  examination,  the 
expense  to  be  paid  out  of  the  fund  applicable  to  inddental  expenses 
of  district  land  officers. 

With  great  respect,,  your  obedient  servant, 

J.  AL  EDMUNDS,  Commissioner. 


AiPPBNDIX.  99 . 

KO.  8. 

Deamon  of  the  Seoreta/ry  of  the  Interior^  in  regard  to  the  cortJUo 
Hon  of  the  Rauroad  amd  Swamp  Lcma  OrarUs, 

DBPARTMBNT  OF  THE  INTEfWOR, ) 
Washington,  Febraaiy  8, 1860.     j 

Sir: — In  reply  to  your  communieation  of  the  4th,  and  repoit  of 
the  2l8t  ultimo,  relative  to  Swamp  selections  in  Louisiana  which 
conflict  with  Eailroad  grants,  I  have  to  statfe  that  it  appears  to 
me  that  my  decision  of  the  23d  of  July  last,  furnishes  a  rule  for 
the  action  of  your  office  in  cases  of  conflict  wherein  the  Swamp 
selections  had  been  made  and  reported  to  your  office  prior  to  the 
3a  of  March,  1857. 

It  is  true  that  in  my  letter  of  the  28th  August,  1858, 1  approved 
the  suspension  of  action  upon  cases  of  conflict  in  Louisiana  where 
lands  that  had  been  embraced  in  Swamp  lists  that  were  on  file  on 
the  3d  March,  1857,  were  found  also  to  lie  vrithin  railroad  grants, 
which  had  vested  prior  to  that  date,  until  the  General  Land  Office 
could  determine  whether  such  lands  ought  to  be  certified  to  the 
State,  under  the  Railroad  grant  of  3d  June,  1856,  or  the  Swamp 
grant 

This  may  have  been  regarded  as  looking  to  an  investigation  into 
the  question  of  the  swampy  or  dry  condition  of  the  land  on  the 
28th  Sept.,  1850,  or  the  2d  March,  1849,  but  as  case  after  case  arose 
and  delay  in  carrying  out  the  conflicting  grants,  appeared  to  threat- 
en greater  evils  than  those  likely  to  arise  from  mistakes,  in  my  let^ 
ter  of  the  23d  July  last,  I  informed  you  in  substance,  in  reference 
to  swamp  selections  on  your  files  on  the  3d  March,  1867,  that  if  a 
title  under  the  railroad  grant  had  not  vested  prior  to  that  date,  my 
opinion  was  that  Congress  by  the  Act  of  that  date^  had  decided 
that  the  title  should '.pass  under  the  swamp  grant.  On  the  other 
hand  if  the  tide  under  the  railroad  grant  had  vested  prior  to  that 
date,  the  Land  Office  niight  proceed  to  decide  as  to  the  swampy 
character  of  the  land  upon  the  field  notes  of  the  surveys  and  the 
papers  on  file  and  of  record  on  the  3d  March,  and  if  the  claim  of 
the  State  under  the  older  grant  was  satisfactorily  established,  to 
affilm  the  title  under  that  grant,  but  if  the  swamp  claim  was  not 
satisfactorily  sustained,  to  certify  the  title  under  the  railroad  grant 

The  conflicts  which  existed  on  the  8d  March,  1857,  we  were  com- 
pelled to  settle  according  to  the  law  of  that  date,  but  that  law  is 


100  APPENDIX. 

retrospective  only  in  its  operation.  Since  that  date  we  are  left  to 
administer  the  swamp  and  railroad  grants,  solely  under  the  laws 
making  them.  And  as  the  swamp  selections  are  made  nnder  the 
direction  and  supervision  of  the  Department,  and  approved  by  the 
Secretary  of  the  Interior,  it  is  clearly  within  our  authority  to  adopt 
such  a  policy  or  course  of  action  in  the  administration  of  the  grants 
as  will  give  eflfect  to  the  laws  of  the  United  States,  prevent  embar- 
rassments in  conducting  the  business  of  the  General  Land  Office, 
and  most  effectually  do  justice  to  the  States  interested. 

Confining  the  following  remarks  to  cases  wherein  the  claim  nnder 
the  swamp  grants  is  based  on  selections  made  and  reported  to  the 
General  Land  Office  on  or  subsequent  to  the  3d  March,  1857, 1 
would  remark: 

FiBST.  In  cases  in  which  the  swamp  land  selections  have  been 
made  and  reported  prior  to  the  definite  location  of  a  railroad  route, 
and  the  lands  fall  within  the  six  miles  limits  of  the  line  of  road, 
your  office  should  proceed  in  the  usual  and  regular  manner,  and 
determine  from  the  records  and  files  of  the  General  Land  Office, 
whether  the  tracts  did  pass  to  the  State  under  the  swamp  grant; 
should  you  decide  in  the  affirmative,  the  title  to  the  selected  tracts 
should  be  completed  under  the  swamp  grants ;  but  if  you  are  not 
warranted  in  making  such  affirmative  decision,  the  swamp  claim 
may  be  rejected,  and  the  title  certified  to  the  State  under  the  later 
but  more  specific  grant. 

Second.  In  that  class  of  cases  in  which  a  title  to  lands  within 
the  six  miles  limits  of  a  railroad  Hne  has  vested  in  a  State  under  a 
railroad  grant,  the  Surveyor  General  should  not  thereafter  admit 
or  report  selections  of  the  same  tracts  as  swamp  lands. 

The  swamp  grant  may  indeed  be  the  earlier,  but  the  railroad 
grant  is  the  more  specific.  The  title  under  it  has  become  fully 
vested;  and  it  should  be  fiiUy  recognized,  even  if  the  land  was  of 
such  description  as  to  fall  under  the  swamp  grants  of  1849  or  1850. 
The  effect  of  the  later  grant  is,  at  most,  only  to  change  the  use  for 
which  the  grantee  receives  the  land.  I  will  not  call  in  question  the 
power  of  Congress  to  make  that  change.  Where  the  State  accepts 
the  later  grant,  and  proceeds  to  complete  her  title  under  it,  she  has 
assented  to  the  change,  and  both  the  grantor  and  grantee  appear  to 
be  concluded  by  their  voluntary,  yet  concurrent  action. 

Thibd.    Where  lands  lie  between  the  six  and  fifteen  miles  limits 


. .  • 


V-     ' 


APPENDIX.  101 

of  a  located  railroad,  but  bare  never  been  listed  and  approved  to 
the  State,  under  the  provisions  of  the  railroad  grant  so  as  to  vest 
that  title,  and  the  same  lands  fall  within  the  description  granted 
in  1849  and  1850,  for  drainage  and  levee  purposes,  the  State  ap- 
pears to  have  the  right  to  claim  title  under  either  grant ;  and  if  she 
is  so  claiming  under  both,  I  think  we  may  examine  the  claim  under 
the  older  grant,  and  if  that  be  satisfactory,  approve  and  patent  the 
lands;  but  if  not  satisfactory,  reject  the  same  and  proceed  under 
the  later  grant.  After  indemnity  lists  have  been  approved  and 
transmitted  to  the  State  authorities,  the  land?  therein  are  no  longer 
liable  to  selection  or  report  as  swamp  lands,  and  any  selections  that 
may  have  been  made  thereof,  may  be  rejected. 

Where  the  Department  ha^  fully  executed  one  grant,  its  officers 
should  cease  all  action  under  another  grant  of  the  same  land  to  the 
same  grantee. 

And  where  lands  between  the  six  and  fifteen  miles  limits  of  a  rail- 
road, which  has  been  located,  are,  by  Executive  order,  withheld  from 
pre-emption  and  ordinary  private  entry,  in  order  to  facilitate  the 
adjustment  of  a  grant  by  a  State  for  railroad  purposes,  I  think 
that  the  State  authorities,  from  respect  to  the  action  of  the  State, 
as  well  as  that  of  the  United  States,  ought  to  waive  any  right 
which  she  may  have  to  make  selections  of  the  withheld  tracts  under 
the  swamp  grants. 

Should  any  State  persist  in  that  policy,  and  bring  thus  upon  your 
office  the  evils  which  were  sought  to  be  avoided  by  the  withdrawal 
of  the  lands,  it  may  be  a  question  whether  the  withdrawal  of  such 
lands  within  her  limits  should  not  be  removed,  and  the  lands  left  in 
market  whilst  the  adjustment  of  the  railroad  grant  is  progressing. 
Very  respectfully,  your  obedient  servant, 

J  THOMPSON, 

Secretary. 

The  Commissioner  of  the  General  Land  Office. 

NO.  9. 

REPORT  OF  HON.  C.  C.  NOURSB. 

OFFICE  OF  ATTORNEY  GENERAL, ) 
DBS  MoiNEB,  March  4th,  1862.     f 

To  the  House  of  JRepresentatives  of  the  State  of  Iowa : 

I  have  the  honor  to  acknowledge  the  receipt  of  your  resolutions 


X02  AFPfiNDIX. 

of  the  27th  ult,  requesting  my  opiiiion  in  writing  upon  the  tbUow- 
iug  questionB : 

let.  Have  any  of  the  Gk>yemoKi  of  thj3  State  had  any  lawfiil 
authority  at  any  time  since  the  Swamp  Lands  were  patented  to 
this  State,  to  certify  any  of  said  lands  to  the  Bailroad  CompanidB 
of  this  State  ? 

In  reply  to  this,  I  would  say  that  if  any  Governor  of  the  State 
had  made  any  siuch  certificate,  it  would  have  been  wholly  unau- 
thorized and  void,  and  could  not  have  affected  the  title  to  said  land. 

I  am  satisfied,  however,  from  investigation,  that  none  of  tixe 
Swamp  Lands  for  which  patents  have  been  issued  to  the  State  have 
ever  been  certified  by  the  Governor  to  any  of  the  Bailroad  0<HDpa- 
nies  of  the  State.  The  only  certificates  of  lands  yet  made  by  the 
Governor  of  this  State,  to  any  Bailroad  Company,  are  x^rtain  listB 
of  land  in  favor  of  the  Burlington  &  Missouri  Biver  Bailsood 
Company,  certified  by  the  Department  at  Washington,  and  now 
on  file  in  the  office  of  the  Begister  of  the  State  Land  Office.  It  Js 
believed  that  these  lists  do  not  embraoe  any  lands  heretofore  se- 
lected by  the  agents  of  this  State,  und^  the  Act  of  1850  as  Swamp 
Lands.  The  coufiict  between  the  Bailroad  Companies  and  the 
Swamp  Land  selections,  relate  to  lands  not  yet  patented  to 
State  by  the  General  Government  For  the  particulars  in 
to  this  conflict,  I  would  refer  you  to  the  message  ^f  Ex-Govemor 
Lowe  to  the  Eighth  General  Assembly.    (See  title  Swamp  Lands.) 

Since  the  date  of  that  message,  the  General  Govemmeal  has 
not  patented  or  oertifiad  to  this  State  any  swamp  land  selections 
v^on  the  odd  sections  embraced  within  the  limits  of  the  Bailroad 
grants. 

In  order  to  answer  your  enquiries  iully,  I  submit  the  following 
statement  in  regard  to  these  grants  and  the  decisions  and  opinions 
of  the  Department  of  the  Interior  in  relation  thereto. 

The  swamp  and  overflowed  lands  within  this  Stote  were  granted 
to  the  State  by  Act  of  the  Congress  of  the  United  States,  approved 
Sept.  28th,  1850. 

This  Act  was  a  present  grant,  and  of  itself  ^^ propria  mgor^^ 
vested  in  the  State  of  Iowa  an  absolute  title  to  all  the  swamp  and 
overflowed  lands  within  the  State  at  that  date.  (See  opinions  of 
Attorney  General  Black,  June  7th,  1867,  and  Nov.  10th,  1868. 

Under  this  grant  of  18j50,  lands  were  selected  as  swamp  and 


APPENDIX.  1 08 

overflowed  lands  by  the  agents  of  soine  of  tHe  States  embraced  in 
the  Act,  the  swampy  character  of  which  was  called  in  question. 

In  order  to  settle  the  rights  of  the  States  to  all  the  lands  selected 
as  aforesaid,  the  Congress  of  the  United  States  by  an  Act  approved 
March  8d,  1857,  confirmed  arid  graiited  to  the  States  all  lands 
which  had  been  selected  arid  Returned  as  swamp  and  overflowed 
lands  by  the  agents  of  the  States  at  that  date,  provided  the  same 
remained  vacant  and  unappropriated,  and  not  interfered  with  by 
ftctnal  settlement  under  the  laws  of  the  TJnited  States. 

The  grant  of  Congress  to  this  State  for  Bailroad  purposes  was 
approved  May  15th,  1856. 

This  grant  did  not,  like  the  swamp  land  grant,  by  virtue  of  its 
own  provisions,  vest  a  title  to  any  'specific  tract  or  parcel  of  land, 
but  makes  a  present  grant  in  the  nature  of  a  "  float,"  which  can 
take  effect  only  when  the  lines  of  tbe  JEtailroads  have  become  fixed 
and  located ;  and  the  plats  sire  recorded  as  provided  in  the  Act  of 
1856.    (See  opinion  of  Attorney  Genei^kl'Cushing,  Dec.  9th,  1866. 

By  an  examination  of  the  plats  filed  in  the  office  of  the  Secretai*)r 
of  State  of  the  State  of  Iowa,  under  and  by  virtue  of  the  provis* 
ions  of  Section  6  of  the  Act  of  this  General  Assembly,  approved 
July  14th,  1856, 1  find  that  the  Mississippi  &  Missouri  Eailroad 
Company  did  not  file  a  plat  of  flie  location  df  their  Eoad  until 
March  19th,  1857,  and  the  Burlington  &  Missouri  Eailroad  Coin- 
pany  definitely  located  their  Boad  upon  a  plat  filed  March  27th, 
1867. 

Under  the  decision,  therefore,  of  the  Department  of  the  Interior, 
neither  of  these  Railroad  Companies  ^n  contest  the  character  of 
the  lands  selected  as  swamp  and  overflowed  lands  by  the  agents  of 
the  State  prior  to  the  Act  of  Congress,  of  March  8d,  1857,  which 
confirms  the  title  of  the  State  to  all  such  selections  wil^in  the  limits 
of  their  grant 

l^e  plat  locating  the  Air  Line  Railroad  was  filed  in  the  office 
of  the  Secretary  of  State  of  the  State  of  Iowa,  Sept.  13th,  1856. 

The  rights  and  privileges  conferred  upon  this  Company  by  the 
Act  of  1856,  have  been  resumed  by  the  State,  and  granted  to  the 
Cedar  Rapids  Railroad  Company.  This  latter  Company  has  located 
another  line  of  Railroad,  but  no  plat  of  the  same  is  on  file  in  the 
office  of  the  Secretary  of  State. 

The  grant  to  the  Cedar  Rapids  Railroad  Company  having  been 


104  APPENDIX 

made  by  the  State  since  the  Act  of  CongFess  of  March  3d,  1857, 
^d  the  location  of  their  road  having  alfio  been  made  since  that 
date,  I  can  not  believe  that  any  claim,  upon  the  part  of  that  Com- 
pany, can  interfere  with  the  swamp  land  selections  confirmed  to 
the  State  under  said  Act.  I  am  not  advised,  however,  of  the  view 
taken  by  the  Department  of  the  Interior,  of  this  question,  or  that 
any  opinion  has  been  given  upon  it. 

"Where  there  is  no  contest,  the  Department  of  the  Interior  will, 
at  once,  certify  the  swamp  land  selections  made  prior  to  March  3d, 
1857,  without  any  inquiry  as  to  the  character  of  the  land  so  selected 
and  returned. 

Where  there  is  a  contest  in  behalf  of  a  Railroad  Company  whose 
rights  were  vested,  and  whose  road  was  located  definitely  and  cer- 
tified prior  to  March  3d,  1857,  the  Commissioner  of  the  General 
Land  Office  will  enquire  into  the  true  character  of  the  lands 
selected  and  returned  by  the  swamp  land  agents,  and  will  only  cer- 
tify to  the  State  such  lands  as  are  shown  to  have  been,  in  fact, 
swamp  and  overflowed  lands  at  the  date  of  the  grant. 

The  plat  of  the  location  of  the  Dubuque  and  Pacific  Railroad 
was  filed  in  the  office  of  the  Secretary  of  State,  Sept.  30th,  1856, 
and  as  at  present  advised,  I  believe  this  is  the  onlv  road  whose 
location  presents  any  obstacle  to  the  receipt  by  the  State  of  all  the 
lands  heretofore  selected  as  swamp  and  overflowed  lands  under  the 
Act  of  1850. 

Your  second  question  to  me  is,  what*  would  be  the  legal  effect 
upon  the  rights  of  the  State  to  swamp  l^nd  selections  if  an  Act  of 
the  General  Assembly  of  the  State  was  passed  resuming  the  Sail- 
road  grants  ?  To  this  question,  it  is  impossible  for  me  to  give  yon 
any  definite  answer. 

The  legality  of  such  resumption  must  depend  upon  a  state  of 
facts  of  which  I  have  no  official  information. 

In  what  light  such  an  Act  would  be  regarded  by  the  Department 
of  the  Interior,  and  what  action  it  might  take  in  the  premises,  it  is 
impossible  for  me  to  conjecture.  Of  the  policy  of  such  a  law,  the 
Legislative  Department  of  the  State  must  be  the  exclusive  judge. 

Very  respectfiiUy  submitted, 

C.  C.  NOUESE. 


APPENDIX.  105 


NO.  10. 


GENERAL  LAND  OFFICE,   ) 
August  20, 1866.     ) 

To  Gko.  W.  MoClbary,  Esq.,  Secretary  of  the  State  of  Itywa^  at 

Iowa  City: 

Sib: — I  have  the  honor  to  acknowledge  the  receipt  of  your  com- 
munication of  the  12th  inet.,  enclosing  a  certified  copy  of  the  act 
of  the  State  Legislature,  approved  on  the  14:th  July,  1856,  to  accept 
the  grant  and  to  carry  into  execution  the  trust  conferred  upon  the 
State  of  Iowa  by  act  of  Congress  making  the  grant  of  lands  for 
railroad  purposes,  approved  May  15th,  1856,  which  has  been  placed 
on  the  regular  files  in  this  offide. 

It  is  observed  that  the  6th  Section  of  the  law  directs  that  ^4t 
shall  be  the  duty  of  the  Governor,  after  affixing  his  official  signa- 
ture, to  file  such  map  in  the  department  having  control  of  the  pub- 
lic lands  in  Washington,  such  location  being  considered  Jmal  only 
so  far  as  to  fx  the  limits  and  boundary  wiffiin  which  lamds  may  be 
selected^  The  part  which  I  have  Italicised  appears  to  me  to  con- 
flict with  the  act  of  Congress,  which  contemplates  that  the  route 
**  shall  be  DEPnnTELT  fixed" — and  it  is  proper  that  I  should  through 
yon,  in  this  early  stage  of  the  business,  call  the  attention  of  the 
State  Executive  and  the  Companies  to  the  matter,  and  announce 
the  opinion  of  this  office,  so  as  to  prevent  unnecessary  delay. 

A  route  merely  iorfadng  the  limits  of  the  grami^  will  not  be  acted 
upon  here, — it  must  be  something  reed  a/nd  faced;  the  grant  cannot 
be  in  one  place  and  the  actual  route  in  anotheb  ; — although  slight 
variations  on  the  line,  such  as  are  unavoidable  in  the  progress  of 
the  construction  of  such  works  would  be  admissible,  any  matebial 
0HANGE8  of  routc  would  be  considered  as  acting  in  bad  faith  with 
the  United  States,  and  cannot  be  tolerated;  for  such  would  be  a 
dear  violation  of  the  law,  which  proposes  an  indemnity  to  the 
United  States  for  the  lands  granted  away,  by  the  enhanced  value 
of  the  alternate  sections  remaining  to  the  Government,  near  the 
route  of  the  road;  the  route  must  therefore  be  first  '"^definitely 
fixed^'*  as  required  by  the  law  of  Congress,  or  no  title  rests. 

In  the  above  view  it  will  be  expected,  that  the  certificate  of  the 
Governor  on  the  maps  returned  to  this  Department  will  set  forth 
14 


106 


API*BSNDrX. 


that  such  maps  delineate  the  routes  as  ^^dejmitely  jixed^^ — ^that  is, 
are  definite  locations — ^before  they  can  receive  our  action, 
lamj-respectfiillj,  Your  ob't  servant, 

JOSEPH  S.  WILSON, 

Acting  Conunissioner. 


ERRATUM 


On  page  35 — ^at  the  head  of  tiie  second  column  in  table — ^read 
^'  amount  claimed  "  instead  of  ^'amount  collected.'' 


REPORT  OF  THOMAS  H.  BENTON. 


THOS.  EC.  BEIsTTOlST'S  RIilPORT, 


OFFICE  OF  SECRET A.RY  OF  BOARD  OF  EDUCATION, ) 

Db8  Moines,  Iowa,  Dbobmbbb  9th,  1863.        f 

Gentlemen  of  the  Senate  wnd  House  of  Se^esentaiwes  : 

When  I  left  the  State  a  year  since,  I  indulged  the  hope  that  the 
Rebellion  would  be  so  far  suppressed  by  the  present  time,  as  to 
render  it  practicable  for  me  to  return  home,  and  lay  before  you 
my  Biennial  Beport.  In  this,  however,  I  have  been  disappointed. 
For  although  our  triumphs  have  been  signal,  the  enemy's  lines 
steadily  contracted,  his  armies  routed  and  driven  back,  and  his 
means  of  supply  greatly  diminished,  yet  the  struggle  still  lingers, 
and  renders  it  imperatively  necessary  for  every  officer  and  soldier 
in  the  Union  Army  to  remain  at  his  post.  I  must,  therefore,  con- 
tent myself  by  forwarding  a  few  general  remarks  and  suggestions, 
leaving  details  to  Hon.  Henry  A.  Wiltse  and  Hon.  Oran  Faville, 
to  whom  the  management  of  the  educational  department  has  been 
respectively  intrusted  during  my  absence. 

Immediately  after  the  adjournment  of  the  Q^neral  Assembly  in 
the  spring  of  1862, 1  had  tiiie  School  Law,  as  amended,  published 
in  pamphlet  form,  with  copious  explanatory  notes,  and  distributed 
to  the  several  counties  and  School  Districts.  It  was  generally  re* 
ceived  with  favor,  and  removed  many  of  the  objections  and 'quib- 
bles that  previously  attended  its  administration.  I  think  it  may 
be  safely  asserted  that  it  has  given  more  general  satisfaction  than 
any  law  we  have  heretofore  had.  It  is,  however,  by  no  means  per- 
fect Yet  it  contains^  many  excellent  provisions,  that  must,  re- 
gardless of  the  changes  that  may  be  made  by  different  legislative 

bodies,  constitute  the  basis  of  our  school  system  for  all  time  to 
come. 

The  chief  impediment  to  the  enactment  of  a  harmonious  law, 

has  been  the  conflict  of  jurisdiction  between  the  Q^neral  Assem- 


4  THOMAS  H.  BENTOirS  REPORT. 

bly  and  the  Board  of  Edacation.  The  peculiar  provisions  of  the 
Constitution  are  such  that  neither  body  can  legislate  independent 
of  the  other,  neither  can  they  legislate  jointly.  Being  in  session 
at  different  periods,  their  acts  approved  by  different  officers,  the 
legislation  of  either  has  necssarily  been  more  or  less  ambiguous. 
This  certainly  was  not  the  design  of  those  who  originally  con- 
ceived the  idea  of  a  Board  of  Education  with  legislative  powers. 
It  is  doubtless  the  result  of  an  injudicious  compromise,  between 
the  friends  and  opponents  of  the  measure,  in  the  formation  of  the 
Constitution. 

But  the  time  has  arrived  in  our  educational  history  when  this 
impediment  may  be  removed.  With  the  close  of  the  present  year, 
full  control  over  the  whole  subject  of  Public  Instruction  reverts  to 
the  Greneral  Assembly.  Section  15,  of  Article  IX  of  the  Consti* 
tution  provides,  that, 

"  At  any  ti  joie  after  the  year  one  thousand  eight  hundred  and 
sixty-three,  the  General  Assembly  shall  have  power  to  abolish  or 
reorganize  said  Board  of  Education,  and  provide  for  the  educa- 
tional interests  of  the  State  m  cmy  other  mcmner  that  to  them  9haU 
seem  best  wnd proper?'* 

The  authority  conferred  by  this  section,  is  of  the  most  ample 
character,  and  hence  it  should  be  exercised  with  the  utmost  pru- 
dence. What  your  action  will  be,  of  course  cannot  now  be  de- 
termined ;  but  the  tendency  of  the  public  mind  for  the  last  three 
or  four  years,  would  naturally  lead  to  the  conclusion  that  the  Board 
of  Education  will  be  abolished.  Should  this  be  done  and  additional 
legislation  should  be  deemed  necessary,  the  first  question  to  decide 
is,  whether  the  present  District  Township  system  shall  be  con- 
tinued, or  a  system  of  districts  formed  regardless  of  the  lines  of 
civil  townships  shall  be  instituted  in  its  stead.  If  the  former,  then 
a  critical  revision  of  the  present  law,  with  the  view  of  rendering 
it  more  explicit  without  materially  changing  its  features,  is  all 
that  is  required.  If  the  latter,  then  a  work  of  great  responsibility 
and  labor,  will  be  involved.  Great  precaution  will  be  necessary 
in  making  so  radical  a  change,  to  prevent  confusion.  The  rights 
of  old  districts,  and  the  responsibilities  of  new  ones,  must  be 
clearly  defined,  and  some  feasible  plan  must  be  devised  by  which 
an  equitable  distribution  of  property  and  assets  may  be  made  be- 
tween the  old  and  new  corporations. 

Should  you  determine  to  undertake  this  laborious  task  during 


THOMAS  H.  BENTON'S  REPORT.  g 

your  present  session,  it  would  afford  me  the  greatest  pleasure  to 
place  at  your  disposal  my  personal  services  and  limited  experience, 
but  as  I  caunot  do  so,  for  reasons  already  assigned,  I  beg  leave  to 
submit  the  following  suggestions  for  your  consideration  : 

I  would  recommend  first^  that  the  present  laws  be  continued  in 
force  without  change  or  modification  for  a  given  period,  say  until 
the  time  fixed  for  the  election  of  School  Directors  in  the  spring  of 
1865  ;  second^  the  enactment  of  a  special  law  embracing  all  the  de- 
tails necessary  for  consummating  the  change  from  the  old  to  the 
new  system,  tp  expire  by  limitation  when  the  objects  for  which  it 
was  enacted  shall  have  been  accomplished  ;  and  tihi/rd^  the  enact- 
ment of  a  general  law,  to  be  known  as  the  future  school  law  of  the 
State,  to  take  effect  at  such  time  in  the  spring  of  1865  as  the  pres- 
ent law  should  cease  to  operate,  and  by  which  aU  laws  previously 
in  force  for  the  establishment  of  schools  should  be  repealed.  This 
would  give  the  people  ample  time  to  become  familiar  with  the  new 
law,  and  to  perfect  their  arrangements  for  the  transition  from  one 
system  to  the  other,  and  would  avoid  the  confusion  that  must  nee- 
essarilv  attend  all  sudden  and  radical  changes.  Indeed  the  change 
cannot  be  effected  in  a  shorter  period  than  the  one  suggested. 

The  special  act  should  set  forth  minutely  the  manner  of  divid- 
ing each  county  into  new  districts;  should  designate  the  officer  who 
is  to  superintend  it,  with  specific  instructions  for  his  government; 
should  embrace  an  equitable  plan  for  the  division  of  school  moneys 
and  the  assumption  of  liabilities  among  the  new  districts;  should 
provide  for  the  valuation  of  all  school-house  property,  the  investi- 
gation of  the  title  to  the  same,  and  fix  some  general  rule  for  deter- 
mining which  of  the  new  corporations  shaU  own  such  property  and 
on  what  terms ;  in  short,  it  should  be  full  and  explicit  in  every  par- 
ticular that  may  be  necessary  to  enable  the  old  corporations  to  make 
an  equitable  and  final  adjustment  of  all  questions  pertaining  to 
liabilities  and  the  rights  of  property,  by  the  time  they  shall  cease 
to  exist.  Thus  all  financial  matters  would  be  settled,  and  nothing 
left  to  create  discord  after  we  commence  operations  under  the  new 

law. 

My  reasons  for  making  these  items  the  subject  of  a  special  act 
are,  that  they  will  be  of  no  utility  after  the  change  is  perfected, 
and  if  incorporated  into  the  general  law  would  make  it  needlessly 
voluminous,  and  only  lead  to  ambiguity  and  misconstruction  in  the 


6  THOMAB  H.  BBNTON'B  REPORT. 

fiitnre.  It  is  designed  for  a  specific  object,  and  when  that  is  ac- 
complished, we  have  no  further  use  for  it.  We  wish  to  dope  up 
the  old  record  to  a  given  point,  and  at  that  point  let  the  new  or 
general  law  conunenoe,  and  contain  all  that  may  be  needed  for  the 
efficient  administration  of  the  system  thereafter. 

Having  settled  these  preliminaries  through  the  agenej^  of  the 
special  act,  the  general  law  should  declare  each  school  district,  as 
formed  under  the  provisions  of  the  special  act' (naming  it  by  title 
and  date,)  or  that  may  hereafter  be  formed  as  herein  (in  the  new 
law)  provided,  a  body  corporate,  under  the  name  and  style  of 

"  School  District  number ,  of  the  County  of ^  and 

State  of  Iowa;"  should  provide  fw  a  meeting  of  the  electors  and 
the  election  of  directors  at  the  time  the  present  law  ceases  to  ope- 
rate and  the  new  law  takes  effect,  (naming  the  particular  day),  and 
annually  thereafter;  should  point  out  the  manner  of  changing  the 
boundaries  of  districts  and  the  formation  of  new  ones  (such  changes 
only  to  take  effect  at  the  time  designated  for  the  annual  dislxict 
.^  meeting,  so  as  to  avoid  the  necessity  of  special  district  organizar 
tions) ;  and  should  make  all  other  provisions  necessary  for  the  es- 
tablishment and  government  of  the  public  schools,  including  the 
election  of  all  school  officers  for  the  State,  county  and  district. 

In  the  enactment  of  a  new  law,  I  would  respectftdly  suggest, 
'  that  much  must  be  intrusted  to  the  executive  head  of  the  system. 
Having  tendered  my  resignation,  I  am  at  liberty  to  make  this  sug- 
gestion without  rendering  myself  obnoxious  to  the  charge  of  ego- 
tism. Various  important  measures  will  claim  your  attention,  and 
hence  but  a  small  portion  of  your  time  can  be  devoted  to  the  school 
.  system,  and  the  limited  consideration  you  will  be  enabled  to  give 
it  will  be  based  upon  an  indefinite  knowledge  of  what  is  needed, 
and  not  upon  actual  experience  and  investigation.  If  I  were  call- 
ed upon  to  draft  a  revenue  law,  I  should  apply  to  the  head  of  that 
department  for  information,  because  his  familiarity  with  the  sub- 
ject would  make  him  perfectly  conversant  with  existing  defects  and 
the  proper  remedies.  I  should  not  hesitate  therefore  to  substitute 
his  opinions  for  my  own.  The  same  rule  should  be  observed  in 
devising  a  school  system.  The  officer  now  in  charge  of  this  de- 
partment has  devoted  much  of  his  time  to  the  subject  of  education, 
and  has  been  connected  in  various  ways  with  this  enactment  and 
administration  of  our  school  laws.    He  has  had  occasion  to  exam- 


THOMAS  BL  BEHTOK'fi  REPORT.  Y 

ine  the  whole  system  thoronghly  and  critically,  and  is  consequently 
prepared  to  point  ont  its  good  and  bad  features.  His  opinion,  on 
all  essential  points  in  the  enactment  of  a  new  law,  is  therefore  en- 
titled to,  and  I  trust  will  receive,  due  consideration. 

There  is  a  popniar  error  in  legislation  that  should  be  avoided  in 
this  particular  case,  namely,  the  practice  of  selecting  certain  sec- 
tions from  a  variety  of  old  laws,  and  associating  them  together  in 
a  new  one.  Two  prominent  reasons  may  be  assigned  why  this  is 
improper.  First,  a  certain  section  may  have  been  perfectly  intel- 
figible  in  the  act  of  which  it  was  originally  a  part,  but  when  asso- 
ciated in  a  new  law  with  other  sections  from  different  acts,  it  may 
lead  to  confasion  and  misconstruction.  Second,  by  selecting  items 
in  this  way  we  too  frequently  adopt  clauses  that  contain  superflu- 
ous or  ambiguous  phraseology.  We  act  from  the  impulse  of  the 
moment,  and  adopt  the  clause  because  we  think  it  expresses  the 
idea,  without  stopping  to  inquire  whether  it  expresses  it  deofth/  emd 
in  a$  few  words  as  po^sSble.  Many  of  the  imperfections  of  our 
school  laws  have  originated  in  this  way. 

Coupled  with  this,  is  another  practice  equally  pernicious — ^the 
mode  of  amending  a  law  by  the  passage  of  a  new  act,  which  con- 
tains a  variety  of  provisions  in  conflict  with  the  old  law,  without 
specifying  what  particular  clauses  are  changed.  This  may  do  very 
well  for  lawyers,  whose  profession  it  is  to  ferret  out  such  changes,' 
but  it  is  loo  complicated  for  the  large  majority  of  district  officers, 
upon  whom  the  administration  of  the  school  law  largely  devolves. 
The  better  plan  is  to  repeal  the  whole  section,  and  then  re-enact  it 
with  the  amendment  included — ^in  other  words,  substitute  a  new 
section  for  an  old  one. 

I  must  frankly  confess,  however,  that  I  should  consider  any  leg- 
islation on  the  subject  at  your  present  session,  other  than  that 
which  may  be  imperatively  necessary,  impolitic.  The  Board  of 
Education  may  be  abolished  if  that  is  deemed  best,  and  the  man- 
ner of  selecting  the  successor  of  the  Secretary  of  the  Board  desig- 
nated ;  but  anything  additional,  at  this  particular  time,  I  think 
would  not  subserve  the  best  interests  of  the  system.  The  public 
mind  is  excited,  and  engrossed  with  the  momentous  struggle  in 
which  the  country  is  now  involved  for  the  preservation  of  the 
Union,  and  the  period  is  certainly  not  a  propitious  one  for  remod- 
eling a  school  system  that  has  weathered  the  storm  so  nobly,  and 


8  THOMAS  H.  BENTON'S  RBPORT. 

continues  to  work  so  successftilly,  as  ours.  Wben  peace  is  restored, 
then  we  may  concentrate  our  energies  upon  this  and  other  kindred 
measures,  which  require  more  investigation  and  more  deliberation 
than  we  can  now  give  them. 

There  is  no  special  cause  for  immediate  aotion.  Under  existing 
circumstances  the  system  is  working  well — ^more  suocessfiilly,  I 
am  inclined  to  believe,  than  that  of  any  of  our  sister  States.  We 
are  now  fairly  out  of  the  troubles  in  which  we  were  involved  by 
the  legislation  of  1857,  and  I  think  no  good  reason  can  be  assigned 
why  we  may  not  continue  a  few  years  longer  without  any  material 
change.  Some  may,  and  doubtless  will,  object  to  the  feature  of 
taxation.  To  such  I  would  say,  that  the  present  rates  are  as  low 
as  they  can  be  fixed  without  seriously  impairing  the  ^ciency  of 
our  schools. 

Assuming  that  the  youth  of  the  country  must  be  educated,  (a 
point  about  which  there  is  certainly  no  difference  of  opinion,) 
we  have  simply  to  determine  what  is  the  cheapest  and  most  effi* 
cient  method  of  educating  them.  It  is  evident  that  no  system 
can  be  devised  by  which  the  expense  can  be  avoided.  The  money 
must  be  raised,  either  by  taxation,  or  private  contribution.  The 
educational  history  of  this  country,  or  of  any  other  country,  where 
a  fair  comparison  may  be  instituted  between  a  public  and  private 
system  of  instruction,  will  show  that  the  former  is  not  only  the 
cheapest  and  most  efficient,  but  by  far  the  most  equitable  and  gen* 
eral  in  the  difEusion  of  its  blessings.  It  places  the  burden  where  it 
properly  belongs — ^upon  those  who  hold  the  property  of  the  ooun- 
try--4md  confers  its  benefits  upon  all  classes  alike.  On  the  other 
hand,  private  instruction  costs  more,  and  reaches  but  a  limited 
number,  excluding  many  who  have  not  the  means  to  avail  them- 
selves of  it.  There  is  also  another  class  who  have  the  means,  but 
are  too  niggardly  to  educate  their  children.  In  such  cases,  the 
law  protects  the  rights  of  the  child,  and  compels  the  parent  to  con- 
tribute for  his  education.  I  would  like  to  pursue  this  topic  fur- 
ther, and  adduce  facts  and  figures  to  substantiate  the  position  as- 
sumed, but  it  is  not  practicable  for  me  to  do  so  at  pr^ent. 

I  may  add,  however,  for  the  benefit  of  the  objector,  that,  if  he 
will  devise  some  plan  by  which  to  secure  the  payment  of  the  rev€^ 
nue  of  the  school  fund,  we  can  reduce  our  taxation  for  school  pur- 
poses one  half.    Indeed,  if  the  arrears  are  paid  up,  and  the  annual 


.   THOidAS  H.  BENTON'S  REPORT.  9 

income  promptly  paid  when  due,  we  can  continue  the  schools  for 
two  years  at  least,  without  any  aid  from  taxation,  other  than  that 
which  is  required  for  school-house  purposes.  Some  decisive  steps 
should  be  taken  for  the  collection  of  this  heavy  delinquency  in  the 
income  of  the  school  fund.  It  has  been  on  the  increase  for  a  series 
of  years,  rendering  a  corresponding  increase  of  taxation  necessary 
to  make  up  the  deficiency. 

The  State  University  may  possibly  require  some  legislation.  It 
has  thus  far  been  eminently  successful,  and  with  proper  manage- 
ment, a  bright  future  awaits  it.  It  has  already  taken  a  position 
among  kindred  inststutions  that  is  a  just  source  of  State  pride.  It 
is  hoped  that  you  will  extend  to  it  every  needed  facility,  and  that 
no  material  changes  will  be  made  in  its  organization  and  govern- 
ment, without  due  consultation  with  those  who  have  the  immediate 
management  of  it.  It  is  a  State  Institution,  and  should  therefore 
be  exempt  from  all  local  prejudices.  It  is  part  of  our  educational 
system,  and  we  owe  it  to  ourselves,  and  to  the  rising  generation,  to 
guard  sacredly  the  fulids  set  apart  for  its  support,  and  to  enlarge 
its  sphere  of  usefulness  by  prudent  and  liberal  legislation.  Those 
who  are  annually  trained  within  its  halls,  will  soon'  be  prepared  to 
take  an  active  part  in  advancing  the  great  cause  of  popular  ednca 
tion,  and  will  thus  more  than  repay  the  State  for  the  liberal  pro- 
visions it  has  made  for  their  instruction. 

Since  the  close  of  the  last  regular  session  of  the  General  As- 
sembly, by  an  agreement  among  the  friends  of  education,  the  two 
School  Journals  previously  published  in  the  State  have  been  con- 
solidated into  one,  to  be  called  "The  Iowa  Instructor  and  School 
Journal."  It  is  published  at  the  Capital,  and  is  the  organ  of  the 
Secretary  of  the  Board  of  Education  and  of  the  State  Teachers' 
Association.  It  is  edited  by  the  Secretary  of  the  Board,  and  four 
members  of  the  Teachers'  Association.  Prof.  Leonard,  of  the  State 
University,  also  has  /charge  of  the  mathematical  department.  I 
consider  it  a  valuable  acquisition  to  our  educational  machinery. 
Much  may  be  done  incidentally  by  the  General  Assembly  to  in- 
orease  its  usefulness.  For  instance,  all  enactments  on  the  subject 
of  education  should  be  published  in  it',  at  the  expense  of  the  State. 
Each  sufc-district  should  also  be  authorized  to  subscribe  for  a  copy 
and  to  pay  for  it  out  of  the  funds  annually  received  for  school  pur- 
poses. I  trust  it  will  receive  your  cordial  co-operation. 
2 


10  THOMAS  H.  BENTON'S  REPORT. 

In  dissolving  my  ofBcial  connection  with  the  Department  of  Ed- 
ucation, I  beg  to  assnre  you  that  I  shall  ever  be  ready  to  do  any- 
thing in  my  power  for  the  promotion  of  its  interests.  Having  de- 
voted the  vigor  of  early  manhood  to  its  development,  at  the  sacri- 
fice of  health  and  personal  comfort,  I  cannot  in  riper  years  be  in- 
different to  any  measure  designed  for  its  advancement.  I  have 
never  so  fully  realized  its  importance  as  since  my  connection  with 
the  army.  In  the  incipient  stages  of  the  rebellion,  when  gloom 
Und  sadness  hung  like  a  dark  pall  over  our  common  country,  one 
ray  of  hope  loome<^  up,  like  a  beacon  star,amid  the  darkness  of  the 
night — U  was  the  (isfiur<mce  tha^twehada/neduca/ted  people  onwhcm, 
to  rdy^  who  trusted  in  an  overrulmg  Promderu^e  for  svpport  and 
direction.  That  star  of  hope  has  increased  in  brilliancy,  and  to- 
day sends  forth  its  rays  of  living  light  as  far  as  dvilization  ex- 
tends. 

Twelve  years  ago,  by  some  means  unknown  to  myself,  my  re- 
port to  the  General  4ifisembly  reached  the  editor  of  one  of  the 
foreign  reviews.  After  paying  a  just  tribute  to  our  then  infiemt 
State,  he  made  it  the  subject  of  an  extended  article  on  the  system 
of  popular  education  in  the  United  States.  Having  alluded  in 
glowing  terms  to  our  national .  prosperity  and  scientiiic  achieve- 
ments, he  concluded  by  attributing  our  greatness  to  the  general 
division  of  knowledge  through  our  system  of  popular  instruction 
and  admonished  his  own  country  (England)  that  if  she  desired  to 
maintain  her  supremacy,  she  must  imitate  her  descendants  and  ed- 
ucate her  people. 

His  conclusions  have  been  fully  verified  during  the  progress  of 
the  present  war.  The  careftil,  reflecting  reader  of  our  present  his- 
tory cannot  fail  to  discover  that  the  germ  of  our  national  greatness 
is  to  be  found  in  our  system  of  popular  educatirfb.  The  stability  of 
our  institutions ;  our  progress  in  the  arts  and  sciences ;  the  extra- 
ordinary development  of  inventive  genius ;  the  improvements  in 
agriculture  and  the  implements  of  husbandry ;  the  substitution  of 
machinery  for  manual  labor,  accomplishing  with  a  single  agent 
that  which  previously  required  a  thousand  human  hands ;  our  vast 
system  of  railroads  and  inland  navigation ;  our  extended  lines  of 
telegraphic  communication,  spanning  the  continent  itself,  and  anni- 
hilating space  between  oceans  hitherto  widely  separated  by  almost 
impenetrable  barriers;  our  numberless  avenues  of  trade  and  com- 
merce; the  success  of  our  manufactories;  our  wonderful  attain- 


THOMAS  H.  BENTOire  REPORT.  H 

■ 

ments  in  naval  and  military  defences,  compelling  the  most  powerful 
and  highly  cultivated  nations  to  consult  our  artists  and  secure  our 
models;  in  short,  our  unprecedented'  advancement  in  every 
department  of  civilization  and  refinement,  can  be  traced  directly 
to  our  facilities  for  the  development  of  the  popular  mind.  What- 
ever may  be  the  opinions  of  others,  for  myself  I  can  not  resist  the 
conclusion,  that  under  the  direction  of  Him  "with  whom  there  is 
no  variableness,  neither  shadow  of  turning,"  our  system  of  public 
instruction  has  been  made  the  Moses  and  Joshua  to  save  our  peo- 
ple from  destmction. 

An  educated  army,  with  minds  to  conceive  and  hearts  to  approve 
and  maintain  the  right,  as  well  as  hands  to  execute,  is  a  tower  of 
strength  which  the  enemy  can  not  resist.  Such  is  the  character  of 
our  army.  Iowa  has  acquired  a  name,  in  the  present  struggle  for 
the  maintenance  of  the  Constitution  and  laws,  that  will  occupy  no 
secondary  place  on  the  pages  of  history.  On  nearly  every  battle- 
field in  the  great  western  valley  she  has  been  represented,  and 
nobly  have  her  sons  sustained  her  reputation.  Wherever  a  forlorn 
hope  has  been  presented,  Iowa  troops  have  been  ready  to  lead  it, 
and  to  seal  their  devotion  to  the  Union  with  their  blood.  In  every 
sanguinary  conflict  in  which  they  have  borne  a  part,  their  gallant 
conduct  has  elicited  universal  admiration.  Were  I  asked  to  assign 
a  reason  for  this  superiority,  my  answer  would  be,  iliey  have  leen 
educated  in,  ihspvhlic  schools. 

Amid  the  privations  and  suiTerings  of  the  campaign,  some  pleas- 
ant incidents  occur.  Alter  a  wearisome  march,  under  a  scorching 
sun,  without  water,  when  the  day  is  far  spent,  the  column  is  halted 
for  the  night.  The  camp  fires  begin  to  glow,  and  the  rude  repast 
of  the  soldier  is  |oon  ready  and  quickly  dispatched.  Writing 
utensils  are  next  in  order,  and  in  a  few  minutes  hundreds  of  pens 
are  in  motion,  narrating  the  events  of  the  campaign  to  friends  at 
home.  An  express  arrives,  and  with  it  the  news-boy.  Hundred* 
gather  around  him,  eager  to  pay  fifteen,  or  even  twenty-five  -te^ts, 
for  a  newspaper.  The  news  is  read,  and  thoroughly  discussed. 
The  position  of  France  and  England,  the  attitude  of  Russia,  the 
Mexican  question,  the  Administration  and  the  next  Presidency,  are 
among  the  leading  topics.  Thus  the  hours  are  pleasantly  whiled 
away,  and  the  privations  and  hardships  of  the  day  are  forgotten. 
Taps  announce  the  hour  for  repose,  and  suddenly  lights  are  extin- 


12  THOMAS  H.  BENTON'S  REPORT. 

gaished  and  all  id  silent,  until  reveille  breaks  the  stillness  and 
arouses  the  slumberer  from  his  pleasant  dreams.  All  is  again  life 
and  animation,  and  soon  the  heavy  tread  of  infantry,  the  rattle  ot 
artillery,  the  crude  joke  and  the  merry  laugh,  admonish  us  that 
the  column  is  advancing. 

These  are  some  of  the  results  of  popular  education,  as  manifested 
in  the  army.  It  is  not  strange  that  such  an  army  is  victorious. 
For  forty  years  the  Nation,  through  its  system  of  public  instruction, 
lias  been  raising  up  and  preparing  (unconsciously,  however,)  a  great 
people,  for  a  great  emergency;  and  but  for  this  preparation,  how 
different  would  have  been  our  situation  at  the  present  time.  In- 
stead of  penetrating  far  into  the  heart  of  the  enemy's  country,  and 
driving  him  at  every  point  from  his  strongholds,  the  footsteps  of 
his  advancing  columns  would  have  been  heard  at  our  own  thresh- 
holds,  and  we  would  have  fallen  an  easy  prey  to  his  victorious 
cohorts.  Mexico,  prostrate,  mangled  and  bleeding,  is  the  counter- 
part of  what  we  should  have  been. 

I  have  extended  my  remarks  beyond  the  limits  originally  in- 
tended. Having  been  so  long  identified  with  the  cause  of  public 
instruction,  I  find  it  difficult  to  restrict  myself  when  contemplating 
any  topic  illustrative  of  its  utility.  While  Iowa  has  reason  to  feel 
proud  of  her  soldiery,  she  also  has  just  cause  to  feel  proud  of  her 
school  system — ^the  brightest  gem  in  her  diadem — and  never  before 
were  its  claims  on  her  for  support  more  imperative.  I  cannot 
believe  that  you  will  sanction  any  legislation  which  may  be  calcu- 
lated to  circumscribe  or  impair  its  usefulness.  Could  the  children 
speak  for  themselves,  could  they  assert  and  maintain  their  own 
rights,  then  we  would  be  absolved  from  our  obligations.  But  they 
cannot  do  so,  until  they  have  arrived  at  that  period  of  life  when 
they  are  excluded  from  the  benefits  of  the  school  system.  By  the 
provisions  of  the  Constitution,  you  are  made  their  guardians.  The 
funds  set  apart  for  their  benefit  are  committed  to  your  hands,  and 
upon  you  devolves  the  responsibility  of  providing  for  their  educa- 
tion. May  the  Bighteous  Judge  of  heaven  and  earth,  who  will 
yet  deliver  us  out  of  our  troubles  and  bring  order  out  of  confusion, 
enable  you  faithfully  to  discharge  the  sacred  trust. 
I  am,  very  respectfully, 

Your  Obedient  Servant, 

THOMAS  H.  BENTON,  Jk., 
Secretary  of  the  Board  of  Education. 


IlEI>OIlT 


OF  THB 


SECRETARY  OF  THE  BOARD  OF  EDUCATION 


TO  THE 


arJSM<rj311RJii.Xj     ^SSDSJ^idlBXiir, 


AT  ITS  TENTH  REOTJLAR  SESSION,  HELD  AT  DES  MOINES,  JANUARY  IITH,  1864. 


DE8  MOINES : 

P.  W.  PALMER,  STATE  PRINTBU. 
1863. 


OFFICE  OF  SECY.  OF  STATE  BOARD  OF  EDUCATION  ) 

Db8  Moinss,  December,  15th,  1863.        ) 

To  the  Genercd  Assembly  of  the  State  of  Iowa: 

Gentlemen — In  compliance  with  a  provision  of  the  Statute,  I 
herewith  submit  the  Biennial  Keport  of  the  Secretary  of  the  Board 
of  Education,  it  being  the  third  of  the  series,  and  the  eleventh 
from  this  Department. 

Very  respectfully,  your  obedient  servant, 

ORAN  FAYILLE, 
Acting  Secretary. 


8EORET.AJElY'8   REI^ORT. 


CONDITION  OP  THE  SCHOOLS. 

We  are  gratified  in  being  able  to  report  that  the  condition  of  the 
schools  proves  the  wisdom  of  the  State  in  adopting  our  present 
school  system.  While  public  attention  has  been  so  earnestly 
directed  to  momentous  national  questions,  there  has  been  an  in 
creasing  interest  in  our  schools.  Throughout  a  large  portion  of  the 
State,  tibey  have  been  little  affected  by  the  disturbing  influences 
caused  by  the  rebellion.  We  must  except,  however,  the  border 
coimties  on  the  south,  west  and  north-west.  The  latter,  especially, 
have  witnessed  unusual  scenes  of  excitement,  caused  by  the  Indian 
massacres  near  the  border,  and  by  threatened  incursions  into  the 
State.  Hundreds  of  families  abandoned  their  homes,  and  sought 
safety  from  the  real  or  fancied  dangers  threatening  them.  And 
although  quiet  was  restored  and  security  insured  by  our  troops  on 
the  frontier,  the  schools  were  in  many  instances  suspended,  and 
the  school  house  was  occupied  by  the  soldier.  In  many  of  the 
western  and  southern  counties,  the  supply  of  teachers  has  not  been 
equal  to  the  demand ;  and  the  inexperienced  and  poorly  qualified 
have  supplied  the  place  of  those  who  are  in  the  army.  In  other 
portions  of  the  State,  though  a  large  number  of  experienced  teachers 
are  in  the  army,  the  schools  have  been  supplied  by  female  teachers 
no  less  qualified,  and  not  less  successful.  Notwithstanding  the  in- 
conveniences experienced  in  school  affairs  in  some  portions  of  the 
State,  the  cause  of  popular  education  has,  on  the  whole,  been 
advancing.  We  infer  this  from  the  increased  liberality  of  the  peo- 
ple in  levying  taxes  for  school  houses;  from  the  demand  for  better 
qualified  teachers;  from  the  increased  interest  in  Teachers'  Insti- 
tutes, and  from  the  universal  desire  that  the  duties  and  pay  of 
County  Superintendents  be  increased. 

The  schools,  however,  are  by  no  means  what  they  should  be-^ 
are  not  accomplishing  all  that  is  demanded  of  them.  The  Consti- 
tution requires  that  education  shall  be  provided  for  all  the  youths 


6  SECRETARY'S  REPORT. 

of  the  State,  through  a  system  of  Common  Schools.  It  will  not 
be  claimed  that  this  provision  of  the  Constitution  has  been  satisfied 
by  simply  providing  for  the  establishment  of  schools  in  each  sub- 
district*  The  State  is  the  guardian  of  the  schools,  and  it  is  her 
duty  not  only  to  provide  for  their  establishment,  but  to  make  them 
of  such  a  character  as  to  ensure  suitable  instruction  to  those  attend- 
ing them.  The  statistics  show  that,  although  free  schools  are 
found  in  nearly  every  neighborhood,  far  too  great  a  number  attend 
irregularly  or  not  at  all. 

This  state  of  things  has  induced  many  zealous  friends  of  Educa- 
tion to  ask  the  enactment  of  a  law  compeUmg  parents  and  guard- 
ians to  send  their  children  to  school.  They  urge  that  the  State, 
having  made  provision  for  the  education  of  all  children,  has  the 
right,  and  is  in  duty  bound  to  require  all  to  be  ediicated.  Without 
denying  the  justice  of  this  proposition,  we  shall  decline  asking 
the  enactment  of  the  contemplated  law  until  further  efforts  have 
been  made,  both  voluntary  and  legislative,  to  give  our  schools  such 
a  character  that  pupils  will  be  attracted  to  them ;  to  make  them 
good  enough  for  all  classes,  so  that  none  will  have  an  excuse  for 
sending  to  the  private  school  or  not  sending  at  all. 

If  with  comfortable  and  convenient  school  houses,  with  well 
qualified  teachers,  with  a  systematic  course  of  instruction,  and  with 
Superintendents  to  visit  and  watch  over  the  schools,  there  shall 
still  be  found  those  so  dead  to  all  sense  of  obligation  to  the  com- 
munity and  to  the  State,  as  to  neglect  the  education  of  their  chil- 
dren, we  will  then  favor  a  most  stringent  law  compelling  attend- 
ance. 

Tables  "A''  and  "B'*  in  the  Appendix  to  this  Report  present 
the  statistical  reports  of  the  County  Superintendeuts,  for  the 
year  1862. 

The  result, for  the  State  at  large,  is  as  follows: 

Number  of  District  Townships, 1,105 

"          Sub-Districts, 5,057 

^^          Males  between  5  and  21  years, 187,526 

"          Females  between  6  and  21  years, 131,996 

«          Schools, 5,895 

"          Pupils  attending  school, 201,805 

"          Average  attendance, 100,041 

''          Male  Teachers, 3,618 


SECRETARY'S    REPORT.  7 

Number  of  Female  Teachers, 4,187 

Average  compensation  of  male  teachers  per  week, . .  $    6  44 

"                  "            female  teachers  per  week,  3  56 

Number  of  days  schools  have  been  taught,  (Summer)  241,416 

«            "          "           "              "        (Winter)  258,406 

Average  cost  of  tuition  per  week,  (Summer,) $         0  26 

«        "  «  "  (Winter,) 0  25 

Aggregate  amount  paid  teachers  during  the  year, . .  515,939  37 
Amount  of  teachers'  fond  in  hands  of  Dist.  Treas., .  96,431  75 

Number  of  school-houses,  (brick) 315 

"  "  (stone,) 99 

'*  "  (frame,) 2,415 

"  "  (log,) 847 

Value  of  school-houses, $1,290,288  27 

Dist.  tax  for  building  and  repairing  school-houses,  137,676  53 

for  library  and  apparatus, 2,128  28 

for  rent  of  school-houses,  7,471  96 

for  fuel, 23,603  89 

for  compensation  of  Secretary  &  Treasurer,  17,950  66 

for  Teachers'  fiind, 182,919  19 

Amount  of  apportionment  from  County  Treasury,.  346,741  00 

Number  of  volumes  in  District  Library, 3,888 

Value  of  apparatus, 4,214  00 

TABLES  0  AND  D  EMBRACE  THE  REPORTS  FOR  1863. 

The  result  for  the  State  is  as  follows : 

Number  of  District  Townships, 1,129 

«        "  Sub-Districts, 5,172 

'**        "  Males  between  five  and  twenty-one  years, . . .  142,996 

**        "  Females    "        «      "            «            "    . . . .  138,737 

"        "  Schools, 6,237 

"        "  Pupils  attending  school, 199,750 

Average  attendance, 111,185 

"        "  Male  teachers, 2,937 

'^        "  Female  teachers,    5,563 

Average  compensation  of  Male  teachers  per  week, $5.50 

"                «           ."  Female    "         "        "    3.92 

Aggregate  number  of  days  the  schools  have  been  taught, 

summer, 272,708 


ii 
ii 
u 
u 


g  SECRETARY'S    REPORT. 

Aggregate  number  of  days  the  schools  have  been  taught, 

winter, 263,386 

Average  cost  of  tuition  per  week,  summer, $0.27 

«        «  "        "        "      winter, 0.28 

Aggregate  amount  paid  teachers  during  the  year, $570,115.23 

Teachers'  fiind  in  hands  of  district  treasurers, 193,139.01 

Number  of  school  houses,  brick, 332 

"  "  «      stone, Ill 

"  "  "      frame, 2830 

"  "  "      log, 837 

Value  of  school  houses, $1,394,788.42 

District  tax  for  building  and  repairing  school  houses,    $156,528.74 

"  Library  and  apparatus, $3,725.31 

"  Rent  of  school  houses, $7,711.57 

"  Fuel, $31,169.46 

«  Compensation  of  Secret'y  and  Treas.       $19,306.27 

"  Teachers'  fund,   $239,002.26 

Amount  of  apportionment  received  from  the  County 

Treasury, $407,633.92 

Number  of  volumes  in  district  library, 3,857 

Value  of  apparatus, $11,152.50 

According  to  these  returns  over  80,000  youths  between  the  ages 
of  5  and  21,  have  not  attended  the  public  schools  during  the  past 
year.  This  representation  conveys  an  incorrect  view  of  the  case. 
While  the  enumeration  includes  all  between  5  and  21,  the  fact  is, 
very  few  under  7  and  over  15  ever  attend  the  public  school.  We 
may  safely  calculate  that  a  small  fraction  only,  of  the  above  num- 
ber should  be  returned  as  not  attending  school ;  and  of  this  fraction 
more  than  3000  are  in  private  Schools,  Academies  and  Colleges. 

In  July  last  we  issued  a  circular  to  County  Superintendents, 
requesting  them  to  state  in  their  annual  reports,  the  number  of 
pupils  attending  private  Schools,  Academies  and  Colleges  in  their 
respective  Counties ;  the  number  of  schools  graded,  &c.,  hoping 
from  the  data  thus  furnished  to  give  a  full  exhibit  of  all  the  educa- 
tional agencies  in  the  State.  Several  Counties,  however,  having 
failed  to  frimish  the  information  asked  for,  we  necessarily  omit  the 
contemplated  statement. 

GRADED  SCHOOLS. 

For  the  purpose  of  introducing  system  and  uniformity  into  our 


SECRETARY'S   REPORT.  9 

methods  of  instmction,  Hon  H.  A.  Wiltse,  then  acting  Secretary, 
issued,  on  the  let  of  January,  1863,  the  following  Circular  to 
Connty  Superintendents : 

OFFICE  OF  THE  IOWA  BOARD  OF  EDUCATION, ) 

Dbs  Monras,  lir  Januabt,  1868.     ) 

jEiy., 

Superintendent  of County, 

Sir: — In  your  last  Annual  Report  to  me,  no  mention  is  made  of 
the  Course  of  Study  pursued  in  the  Schools  of  your  County.  The 
blanks  furnished  from  this  office,  as  suggestive  of  Subjects  for  yoiir 
Report,  were  silent  upon  this  and  other  subjects  of  the  first  im- 
portance. It  is  not  too  late  to  supply  this  deficiency,  and  I  earn- 
estly request  you  at  once  to  visit  the  Schools  of  your  County,  and 
from  personal  inquiry  and  observation,  to  ascertain  and  transmit 
to  me,  as  soon  as  possible,  complete  information  upon  the  following 
subjects : 

1.  The  Course  of  Study  pursued  in  each  Public  School  in  your 
County. 

2.  Where  the  Course  of  Studj  extends  to  branches  not  required 
by  law,  whether  or  not  the  additional  branches  are  authorized  by 
the  proper  District  Board. 

3.  The  schools  in  which  the  course  of  study  is  graded;  into  how 
many  grades  the  course  is  divided,  and  what  particular  studies  con- 
stitute each  grade. 

4.  The  number  of  classes  into  which  the  schools  respectively, 
which  are  not  graded,  are  divided,  with  the  number  of  pupils  in 
each  class. 

5.  All  the  Text  Books  in  use  in  each  school. 

6.  The  name  and  P.  O.  address  of  the  President  of  each  district 
in  your  county. 

7.  The  corporate  name  of  each  independent  district. 

8.  All  other  information  which  you  deem  woith  communicating 
in  reference  to  the  subjects  above  named. 

While  engaged  in  gathering  the  above  information,  you  will 

request  all  the  teachers  to  grade  their  schools;  in  which  you  will 

please  to  assist  as  far  as  the  time  at  your  disposal  will  permit.     To 

aid  you  in  doing  so,  I  have  divided  the  branches  authorized  by 

law,  with  History  of  the  United  States  added,  into  six  grades,  as 

follows : 
2 


10 


SBOBBTABY'S    REPORT. 


OOUBSB  OF  STUDY   m   SIX  GRADES. 


No.  of 
Orads. 

First, 


Second, 


Third, 


Fourth, 


Fifth, 


Sixth, 


Leesons 
in  Read- 
er. 

do 


Spelling 
Book  to 
Le88*n51 

Spelling 
Book  to 
Lesson 
101 


Spellhig 
Book  to 
Lesson 
151. 


Betiding. 


Ist  Rea- 
der. 


2d  Read- 
er. 

8d  Read- 
er. 


4th  Rea- 
der. 


5th  Rea- 
der. 


do 
finished. 


6th  Rear 
der. 


Writing. 


On  Slate 


do 


do 


Copying 
Books 
N0&I& 
2. 


Do.  Nos. 
8  and  4. 


ArithfneHe. 


Nine  digits  conn- 
in  to  100. 


Primary. 


Fundamental 
Op'rati'ns,  Raj's 
Int.  to  page  65. 

Partsof  Numbers  Parts  of 
Fractions,  Tables  Speech 
&C.,  Ray*s  Int  p.    firom 
120;  Denomin.    Reader. 
Numbers ;  RaVs 
Prac.  page  119. 


Grammar  Osogror 


Do  No.  5 


Factoring,  Com. 
and  Dec.  Frac- 
tions; Ratio  and 
Proportions;  An- 
alysi^  Ray's 
t*ract  jpage  211 ; 
Ray's  Int.  finish- 
ed. 

Rnished. 


Etymol- 
ogy, Pin 
neo's 
Analyti- 
cal to 
Syntax, 
page  108 


U.8, 


Oral 
Lessons. 


Outlines 
Month's 
No.  2. 


Syntax 
and  Pro- 
sody. 


N.  Am- 
erica, 
Mon- 
teith's. 
No.  4  to 
page  56. 


Finished 


Wilson's 
to  Chap. 

14. 


Wilson's 

finished, 
in'g  Con. 

u.a 

This  gradation  is  of  course  based  upon  the  Text  Books  reoom- 
mended  by  the  State  Board.  Each  grade  will  be  found  to  end  with 
and  complete  a  subject. 

The  time  necessary  to  complete  any  one  of  the  above  grades,  is 
eight  months,  and  the  lessons  should  be  arranged  yvith  reference 
to  this  time.  The  whole  Course^hould  be  completed  in  forty-eight 
months. 

No  pupil  can  be  in  two  grades  at  the  same  time,  nor  can  a  pupil 
be  received  into  a  grade  higher  than  the  first,  unless  he  can  pass 
an  examination  in  all  the  grades  below  the  one  which  he  applies 
to  enter.  All  the  pupils  in  a  particular  grade,  progress  together ; 
and  if  a  pupil  from  inattention,  incapacity  or  absence,  falls  behind, 
he  must  return  to  the  next  lower  grade,  and  if  on  the  contrary,  a 
pupil  is  disposed  to  advance,  by  studying  out  of  school  hours,  or 
otherwise,  more  rapidly  than  the  time  prescribed  requires,  let  him, 
as  soon  as  qualified,  be  promoted  to  the  next  grade  above. 


SECRETARY'S    REPORT.  H 

If  the  course  of  study  in  a  particular  school  extends  to  more 
branches,  than  is  embraced  in  the  above  course,  the  studies  for  each 
grade  may  be  proportionally  compressed,  or  the  number  ot  grades 
may  be  extended. 

Teachers  should  make  a  record  of  the  names  of  the  pupils  in 
each  grade,  and  tl\is  record  should  show  all  promotions  that  are 
made  from  one  grade  to  another,  and  especially  the  promotions 
made  at  the  close  of  the  school. 

Among  the  results  of  adopting  a  course  of  study  and  dividing  it 
into  steps  or  grades,  and  of  grading  the  pupils  in  accordance  there- 
with, are  the  following: 

1.  It  compels  unifonnity  in  Text  Books. 

2.  It  secure?  punctuality  in  attendance. 

3.  While  it  inspires  diligent  pupils  with  higher  motives,  it 
quickens  all  others  to  a  degree  that  enables  them  to  complete  the 
whole  course — ^a  result  to  which  the  majority  would  never  attain 
under  any  other  system. 

4.  Every  pupil  in  the  school  will  complete  the  course  in  one-half 
the  time  required  in  a  school  which  is  not  graded. 

5.  If  a  teacher  finds  the  introduction  of  the  graded  system 
above  his  experience  or  capacity,  or  having  introduced  it,  fails  in 
enabling  his  pupils  to  complete  a  grade  within  the  time  prescribed, 
the  District  Board  will  of  course  know  the  fact,  and  know  further, 
that  the  teacher  is  unfit  for  the  position.  Thus  a  much  needed 
check  upon  teachers  will  have  been  established — a  criterion  by 
which  both  parents  and  the  Board  may  judge  of  the  fitness  and 

w  efficiency  of  a  teacher. 

6.  It  will  excite  ambition  in  pupils  and  emulation  in  parents, 
and  infuse  new  life  in  the  one  and  increase  the  liberality  of  the 

9  other. 

Since  issuing  the  edition  of  this  Circular  of  first  of  January  last, 
I  have  been  repeatedly  requested  to  explain  more  at  length  the 
plan  proposed  therein,  and  to  describe  the  difference  between  a 
fipraded  jBchool  and  one  that  is  simply  classified.  This  I  will  now 
briefly  do: 

A  fixed  course  of  study — certain  specified  studies — is  not  neces 
sary  to,  nor  is  an  incident  of  a  classified  school;  whereas  it  is  insep- 
arable from,  and  is  the  foundation  of  a  graded  school.     In  the 
former,  little  or  no  reference  is  had  in  the  arrangement  of  the 


12  SECRETARY'S    REPORT. 

Btudies  with  reference  to  the  order  of  development  of  the  mental 
faculties;  in  the  latter,  this  order  is  carefully  studied  and  followed. 
In  the  former,  little,  and  very  often,  no  regard  is  paid  to  uniformity 
of  progress  in  different  studies;  in  the  latter,  tliis  uniformity  is 
compulsory.  In  a  classified  school,  much  and  generally  all,  depends 
upon  accident;  while  in  a  graded  school,  everything  is  fixed  and 
permanent — every  part  bears  a  due  and  important  relation  to  tlie 
whole.  In  a  classified  school  there  is  no  limit  to  the  number  of 
classes,  each  class  is  in  effect,  an  independent  school,  pursuing  such 
studies  as  the  pupil,  parent  or  teacher  may  choose  to  select — ^the 
choice  in  either  case  resulting  largely  or  altogether  from  accidental 
circumstances.  In  such  a  school,  a  pupil  may  be  in  the  highest 
class  in  reading  and  in  the  lowest  in  arithmetic;  may  be  advanced 
in  geography,  and  never  have  opened  a  grammar;  may  be  in  studeis 
in  advance  of  the  development  of  his  mind,  and  know  nothing  of 
others  which  could  and  should  have  been  learned  at  an  eai*lier 
period.  It  is  impossible  to  determine  in  a  school  of  this  character, 
whether  teacher  or  pupils  perform  all,  or  half,  or  less  than  half  of 
what  either  should  perform  in  a  given  time. 

A  graied  school,  on  the  contrary,  divides  a  fixed  course  of  study 
into,  say  six  equal  or  nearly  equal  parts.  The  pupils  of  a  school 
large  or  small,  in  city  or  country,  wealthy  or  poor,  are  examined 
with  reference  to  their  knowledge  of  the  branches  prescribed,  and 
are  placed  respectively  in  that  part  of  the  course  which  is  next  above 
the  parts  in  which  the  examination  demonstrated  that  each  was 
competent.  Each  then,  pursues  all  the  studies  of  the  part  in 
which  he  is  placed— keeping  step  precisely  with  all  the  pupils  thatv 
are  in  the  same  part — and  when  these  studies  are  completed,  he 
enters  upon  the  studies  of  the  next  higher  part  of  the  course — ^never 
being  in  two  parts  at  once — so  that  when  he  has  completed  all  the 
studies  of  the  last  part  of  the  several  parts  into  which  the  course 
is  divided,  he  has  completed  all  the  studies  of  the  course.  The 
plan  of  such  a  school  is  not  thwarted  nor  affected  by  the  length  of 
them,  nor  by  the  fact  that  some  pupils  attend  the  year  through  and 
others  in  winter  only ;  because  there  is  a  place,  to  be  determined 
by  examination,  for  each  pupil — that  part  of  the  course  next  above 
the  parts  in  all  which  the  pupil  can  bear  an  examination.  As  far 
as  a  pupil  does  go,  he  goes  thoroughly  and  symmetrically.  He  is 
as  thorough  in  one  branch  as  another.     The  pupils  in  one  part  pro- 


SECRETARY'S    REPORT.  I3 

gresB  at  the  same  speed  with  the  pupils  in  all  the  other  parts,  and 
all  know  the  time  that  should  be  confeumed  in  completing  the  studies 
of  one  part.  Parents  know  just  how  their  children  progress  and 
Boards  know  just  how  much  teachers  accomplish. 

In  a  classified  school  one-twentieth  of  the  pupils  recite  at  once. 
In  a  graded  school,  one-sixth  or  less  of  the  pupils  recit©  at  once. 
In  other  woids,  the  pupils  in  the  latter  receive  three  or  four  times 
more  of  the  time  and  attention  of  the  teacher  than  in  the  former. 
In  a  classified  school  both  teacher  and  pupil  are  without  aim.  In 
a  graded  school  the  work  of  both  is  prescribed  and  the .  highest 
motives  to  exertion  are  ever  present.  Instruction  upon  the  classi- 
fied plan  is  a  waste  of  time  and  money,  while  instruction  upon  the 
graded  plan  economizes  both  to  the  utmost.  A  classified  school  is 
like  referring  for  definitions  to  a  dictionary  in  which  the  words  are 
accidentally  jumbled  together,  while  a  graded  school  is  like  refer- 
ring to  a  dictionary  which  is  alphabetically  arranged. 

In  the  above,  we  have  had  in  mind  a  classified  and  a  grade 
school  as  both  exist  in  our  own  State.  Some  of  our  classified 
schools  are  better  and  many  worse  than  above  described. 

Permit  me  to  call  your  attention  to  section  72  of  the  Acts  of  the* 
last  session  of  the  Board  (as  altered  by  the  General  Assembly,) 
upon  the  subject  of  a  "  System  of  Common  Schools."  If  you 
answer  that  your  compensation  is  too  small  for  the  labor  hereby 
required,  I  reply  that  it  indeed  is,  simply  because  the  controlling 
necessity  for  this  labor  was  not  before  the  Legislature  when  your 
compensation  was  fixed.  But  you  in  eflfect,  promised  under  oath 
to  perform  this  labor  when  you  entered  upon  the  duties  of  your 
oflice.  I  promise  you  that  both  the  inadequacy  of  your  compen- 
sation and  the  amount  and  fruits  of  your  labor,  shall  be  faithfully 
laid  before  the  Legislature  at  its  next  session ;  and  if  you  promptly 
and  faithfully  discharge  the  duties  herein  devolved  upon  you,  that 
body  will  liberally  and  cheerfully  compensate  you.  A  people  who 
have  exhibited  both  liberality  and  patience  in  providing  all  the 
enginery  of  education,  are  not  likely  to  complain  at  the  cost  of  oil 
and  workmen. 

I  think  that  an  examination  of  the  law,  and  a  carefiil  survey  of 
the  necessities  which  have  prompted  this  circular,  and  the  benifi- 
cent  results  at  which  it  aims — results  attainable  by  means  within 
your  control — will  prompt  you  to  enter  upon  the  duties  imposed 


i 

J 


14  SEORETARyS    REPORT. 

with  promptness  and  alacrity.  In  no  other  way  can  the  standard 
of  education  in  your  county  be  advanced ;  in  no  other  way  can  you 
signally  contribute  to  the  education  of  th«  dear  children  committed 
for  this  purpose  to  your  charge. 

It  will  give  me  pleasure  to  answer  any  questions,  to  explain  any 
and  all  matters  of  doubt,  and  in  short,  to  aid  you  in  carrying  out 
the  objects  of  this  circular  by  every  means  and  all  the  time  at  my 
command. 

Let  us  stand  by  the  Schools,  as  the  only  hope  of  preserving  and 
perpetuating  civil  and  equal  freedom  in  our  rising  State. 

The  subject  of  "  Graded  Schools  "  was  also  presented  to  teachers 
and  school  officers  by  General  Wiltse,  in  "  The  Iowa  Instructor 
and  School  Journal  "  of  January,  1863,  as  follows  : 

A  graded  school  is  simply  one  in  which  a  prescribed  course  of 
study  is  divided  into  a  given  number  of  equal  or  nearly  equal  parts, 
and  where  the  first  one  of  these  parts — ^which  may  be  the  first, 
third,  or  fourth,  or  sixth,  or  eighth,  or  ninth,  or  twelfth,  or  other- 
wise, depending  upon  the  number  of  parts  into  which  the  course 
is  divided — becomes  the  first  grade,  the  second  part  the  second 
grade  and  so  on. 

The  first  graded  schools  in  the  country  were  the  Colleges,  in 
which  a  given  course  of  study  was  divided  into  four  grades,  and 
one  year  given  for  instruction  in  each  grade.  The  only  diflerence 
in  general  outline  now,  between  our  Colleges  and  what  our  public 
schools  should  be  in  respect  to  gradation,  is  in  the  branches  of 
learning  of  which  the  course  of  study  is  composed,  and  the  limit 
of  time  within  which  the  course  is  to  be  completed. 

In  the  public  schools  it  has  long  been  both  fashionable  and  fool- 
ish to  confound  the  term  grade  with  either  class  or  department,  or 
both.  To  those  who  know  that  it  is  a  blunder,  and  are  able  to  ever 
bear  the  distinction  in  mind,  no  harm  is  done  ;  but  by  sanctioning 
the  binder,  the  public  have  been  kept  in  the  dark  as  to  the  true  mean- 
ing of  a  Graded  School,  till  we  doubt  whether  there  are  ten  men 
in  Iowa  who  can  answer  the  question  as  to  whether  there  is  a 
graded  school  in  the  State.  People  generally  have  no  idea  of  the 
meaning  of  the  term,  and  naturally,  therefore,  feel  very  little  in- 
terest in  the  establishment  or  support  of  graded  schools. 

There  are  very  many  thoroughly  graded  schools  in  our  State,  the 
pupils  in  which  are  acquiring  in  six  years,  a  more  complete  educa- 


8ECRETARTB    REPORT.  15 

tion  than  ever  was  or  can  be  acquired  in  a  school  that  is  not  graded 
in  twelve  years.  Still  there  is  not  in  Iowa  a  fiftieth  paTt  of  the 
number  of  such  schools  that  there  might  and  ought  to  be. 

In  all  the  graded  schools  of  Iowa  with  which  we  are  acquainted, 
the  term  graded  is  either  confounded  with  department,  or  partly 
with  department  and  partly  with  class.  In  these  schools  the  course 
of  study  is-  usually  divided  into  either  six  or  twelve  parts,  and  in- 
stead of  being  denominated  the  1st,  2d,  3d,  &c.,  grades,  they  are 
styled  A,  B,  &c.,  rooms,  or  the  A,  B,  &c.,  class  of  A,  B,  &c.,  room 
of  the  Primary,  Intermediate  (or  Secondary)  and  Grammar  de- 
partments. 

A  grade  i^  a  step  ;  and  when  applied  to  a  school,  means  that  all 
the  pupils  in  a  particular  grade  step  at  once  ;  and  that  the  second 
step  cannot  be  taken  until  the  first  is  completed,  nor  can  the  third 
be  taken  by  a  pupil  who  has  not  taken  both  the  first  and  second. 
So  much  of  the  course  of  study  as  is  prescribed  for  one  step,  must 
be  mastered  by  every  pupil  taking  that  step  in  the  same  length  of 
time  and  at  identically  the  same  time.  If  a  pupil  fails  or  falls  be- 
hind, he  is  returned  to  the  liext  lower  grade.  That  school  in  which 
the  grades  are  in  separate  buildings,  or  in  separate  rooms  of  the 
same  building,  will,  of  course,  much  soonest  master  a  prescribed 
course  of  study.  But  there  can  be  a  thoroughly  graded  school 
where  all  the  pupils  are  in  one  room  and  all  under  a  single  teacher. 
The  course  of  study  should  be  the  same  in  the  one  room,  as  where 
separate  rooms  are  employed.  More  time  will  be  required  to  mas- 
ter the  course,  if  divided  into  more  than  three  grades  ;  but  the 
whole  school  will  advance  certainly  twice  as  rapidly,  when  properly 
graded,  as  the  school  which  is  not  graded,  and  ten  pupils  will 
acquire  a  complete  education  in  the  former  to  one  in  the  latter. 

One  important  effect  of  a  graded  school  is  to  diminish  the  num- 
ber and  increase  the  length  of  recitations.  Another  effect  is  that 
each  pupil,  if  continued  at  school,  masters  the  whole  course  and 
all  are  thoroughly  educated.  Another  effect  is  to  compel  uniform- 
ity in  text  books  and  punctuality  in  attendance  ;  to  excite  ambi- 
tion in  pupils  and  emulation  in  parents,  and  to  infuse  new  life  and 
higher  objects  and  hopes  in  both  parents  and  pupils. 

In  a  school  instructed  by  a  single  teacher,  the  course  of  study 
ought  not  to  be  divided  into  more  than  three  and  should  never  be 
divided  into  more  than  six  grades.  In  case  the  course  is  divided 
into  three  grades,  there  will  be  given  by  the  teacher,  two  hours 


Ig  SECRETARY'S    REPORT. 

the  day  to  each  grade,  and  in  case  of  a  division  into  six  grades, 
there  wotdd  be  given  one  hour  the  day  to  each  grade. 

By  the  foregoing  discassion  it  is  manifest  that  what  is  now 
termed  a  class  in  graded  schools,  is  in  fact  a  grade  and  should  be 
so  denominated.  The  grades  are  easily  distinguished  by  prefixing 
a  figure  or  letter  to  each.  It  is  further  manifest  that  the  high  sound- 
ing term,  Department, — which  is  at  present  generally  employed, 
is  but  the  name  of  a  certain  number  of  grades, — ^is  responsible  for 
much  of  the  confusion,  and  uncertainty  and  ignorance  prevailing 
upon  the  subject  of  graded  schools.  The  moment  we  depart  from 
a  real  name  and  substitute  an  artificial  one,  we  incur  the  danger  of 
losing  identity  ;  and  this  has  been  the  result  in  substituting  the 
term  class,  for  grade,  and  the  less  pardonable  because  more  dan- 
gerous substitution  of  Department  for  a  number  of  grades. 

The  County  Superintendents  generally  responded  promptly  to 
the  circular,  expressing  sympathy  with  its  objects,  and  a  willing- 
ness to  aid  in  accomplishing  them.  But  it  was  found  that  many  of 
them  were  engaged  in  teaching,  aud  that  they  could  not  leave  their 
schools  to  attend  to  the  duties  required  of  them  in  the  circular. 
Others  were  not  willing  to  engage  in  the  work  of  visiting  and 
grading  the  schools  and  collecting  statistics,  without  some  assu- 
rance of  compensation  for  their  services.  The  result  was,  that  de- 
tailed reports  were  received  from  only  a  few  counties ;  but  enough 
were  received  to  show  what  was  too  evident  before,  that  the  want 
of  systematic  instruction  and  of  uniformity  in  text  books,  is  causing 
a  great  waste  of  money  and  a  greater  waste  of  time.  The  Super- 
intendent of  one  county  reported  one  school  of  10  pupils  with  10 
classes,  another  of  24  pupils  with  17  classes,  and  another  of  15 
pupils  with  19  classes ;  and  these  were  an  average  of  the  schools 
in  the  county.  Another  Superintendent  reported  one  school  of  32 
pupils  with  50  classes,  giving  7  minutes  a  day  to  each  class  for  rec- 
itation. 

The  multiplicity  of  classes  is  owing  in  a  great  measure  to  the 
want  of  uniformity  in  text  books.  In  one  county  the  pupils  were 
using  the  Geographies  of  seven  different  authors,  and  Grammars 
of  four  different  authors.  In  the  same  school  were  frequently 
found  three  or  four  different  sets  of  Reading  and  Spelling  books. 
In  other  counties  school  officers  have  taken  an  interest  in  the  sub- 
ject, the  text  books  recommended  by  the  Board  of  Education  have 


SECRETARY'S    REPORT.  17 

been  adopted  and  adhered  to — the  schools  have  been  better  classi- 
fied and  in  some  instances  graded. 

Wherever  the  schools  have  been  graded  the  attendance  is  more 
regular  and  the  instniction  more  thorough.  This  system  also  saves 
time.  Pupils  attending  Academies  and  Colleges  often  pursue 
studies  properly  belonging  to  the  Common  School,  where  the  com- 
mon branches  should  he  finished.  Our  higher  institutions  of  learn- 
ing can  never  exert  a  commanding  literary  influence  while  .their 
halls  are  filled  by  those  pursuing  elementary  studies.  The  graded 
system  gives  special  attention  to  those  essential  studies,  spelling 
and  reading.  These  are  too  frequently  neglected  by  pupils  anxious 
to  advance,  and  Algebra  and  Natural  Philosophy  are  studied  by 
those  who  can  neither  spell  nor  eorrectly  use  the  English  language. 
More  applicants  for  admission  to  the  Military  Academy  at  West 
Point  are  rejected  for  failures  in  spelling  than  for  deficiencies  in 
other  branches.  In  nothing  is  it  more  difficult  to  enforce  the  motto, 
^^ hasten  slowly ^'^^  than  in  a  course  of  elementary  instruction,  and 
yet  in  nothing  is  it  more  important.  The  graded  system  checks 
the  break-neck  speed  with  which  "  Young  America'*^  attempts  to 
rush  up  the  "Hill  of  Science.^' 

TBAOHERS'  INSTITUTES. 

The  law  requiring  teachers  to  attend  the  Teachers'  Institute  in 
each  county  where  held,  gives  general  satisfaction.  Each  teacher 
in  the  State  is  thus  benefitted  by  the  appropriation,  and  through 
them  the  schools  in  each  sub-district.  We  know  of  no  other 
agency  that  can  reach  so  many  teachers  with  so  little  expense  to 
the  State  and  so  great  profit  to  the  people.  Of  the  8,500  teachers 
in  the  State,  more  than  half,  as  nearly  as  we  can  ascertain,  have 
attended  Teachers'  Institutes  during  the  last  two  years.  The  In- 
stitutes are  generally  in  charge  of  practical  teachers,  or  of  men 
who  devote  most  of  their  time  to  conducting  them. 

Eminent  Educators  in  other  States  have  expressed  their  approval 
of  Teachers'  Institutes.  Hon.  Henry  Barnard,  of  Connecticut, 
says :  "  During  nearly  a  quarter  of  a  century's  study  and  observa- 
tion of  schools,  school  systems  and  educational  agencies,  in  dififer- 
ent  States  and  countries,  I  have  tried,  seen  or  read  of  nothing  so 
universally  applicable,  or  so  efficient  in  awakening  and  directing 
rightly  both  professional  and  parental  interest  in  the  broad  field  of 
3 


18  SBCRETARY'S    REPORT. 

popular  education,  as  a  well  attended  and  wisely  conducted  Teach- 
ers' Institute.  A  single  educational  lecture  or  address,  or  a  con- 
vention in  which  a  number  of  addresses  are  delivered,  may  occa- 
sionally move  a  sluggish  community  into  sudden  and  vigorous 
action ;  but  generally  it  is  only  after  years  of  effort,  by  a  few  indi- 
viduals, against  all  sorts  of  obstacles,  that  a  good  school-house  is 
built,  a  proper  classification  of  studies  secured,  and  well  qualified 
teachers  employed  and  adequately  paid,  in  schools  of  different 
grades.  But  I  cannot  recall  a  town  where  I  ever  held  a  well  con- 
ducted Institute,  where  the  teachers  were  distributed  through  all 
the  principal  families,  and  the  evenings  were  devoted  to  public 
addresses  and  discussions  on  topics  connected  with  the  organization 
and  administration  of  the  school  system,  and  the  classification, 
instruction  and  discipline  of  public  schools,  where  the  work  of 
educational  improvement  did  not  at  once  begin,  and  begin  too 
where  all  improvement  in  the  education  of  children  must  begin, 
in  the  heads  and  hearts  of  parents,  in  the  enthusiasm,  enlarged 
knowledge  and  practical  skill  of  teachers,  and  in  the  well  consid- 
ered and  liberal  action  of  school  officers  and  the  public  generally." 
Teachers'  Institutes  are  most  highly  appreciated  in  those  States 
taking  the  lead  in  educational  matters.  In  Massachusetts  and  New 
York  Institutes  are  held  in  nearly  every  county,  although  the 
former  supports  four  State  Normal  Schools  and  the  latter  one,  be- 
sides making  appropriations  to  nearly  one  hundred  Academies  for 
the  purpose  of  instructing  Common  School  teachers.  The  Normal 
Department  of  our  State  University  is  doing  a  good  work,  and  its 
graduates  are  giving  a  good  account  of  themselves  wherever  we 
hear  from  them ;  but  the  great  majority  of  teachers  cannot  avail 
themselves  of  its  benefits. 

TEACHERS'  INSTITUTES  FOR  THE  YEAR  1862. 

Adair    County,  at  Fontenelle,  Dec.  23d,  1861, $50  00 

Des  Moines  County,  at  Danville,  Dec.  23d,  1861, 50  00 

Mahaska, " at  Oskaloosa,  Dec.  23d,  1861, 60  00 

Marion, " ....  at  Knoxville,  Dec.  23d,  1861, 50  00 

Tamaj ". . .  .at  Toledo,  Dec.  23d,  1861, 60  00 

Warren, " at  Indianola,  Dec.  23d,  1861, 50  00 

Johnson, "! ...  at  Iowa  City,  Dec  25th,  1861, 50  00 

Madison, " ....  at  Winterset,  Dec.  25th,  1861, ....  60  00 

Mills, « ....  at  Mount  Olive,  Feb.  24th,  1862, . .  60  00 


SBCRETARTS  REPORT.  19 

Clinton  ^County,  ....  at  De  Witt,  March  10th,  1862, . . .  •  50  00 

Washington  County,  at  Brighton,  March  10th,  1862, ...  50  00 

Monroe, ". . .  .at  Albia,  March  17th,  1862, 50  00 

Appanoose, ..." at  Centerville,  April  7th,  1862, 50  00 

Winnesheik, .."....  at  Decorah,  April  7th,  1862, 50  00 

Wayne, " ....  at  Corydon,  April  14th,  1862, 50  00 

Lee, " at  Montrose,  April  2l8t,  1862, 50  00 

MuBcatine, ". . .  .at  Muscatine,  June  9th,  1862, 50  00 

Montgomery, . " at  Frankfort,  June  27th,  1862, ...  50  00 

Cerro  Gordo, ." at  Clear  Lake,  June  30th,  1862,. . .  60  00 

Marion, " at  Knoxville,  Aug.  25th,  1862, 50  00 

Mahaska, " at  Oskaloosa,  Aug.  25th,  1862, 50  00 

Louisa, " at  Wapello,  Sept.  Ist,  1862, 50  00 

Powesheik, ..." at  Montezuma,  Sept.  Ist,  1862, 50  00 

Polk, « at  Des  Moines,  Sept.  8th,  1862,. ...  50  00 

Black  Hawk, . " at  Waterloo,  Sept  22d,  1863, 50  00 

Van  Buren, . . " at  Keosauqua,  Sept.  22d,  1862, 50  00 

Hardin, « at  Iowa  Falls,  Sept.  29th,  1862, ....  50  00 

Jasper, " at  Wittenberg  College,  Sept.  29,  '62,  50  00 

Warren, " at  Indianola,  Sept  29th,  1862, 50  00 

Page, " at  Clarinda,  Sept.  30th,  1862, 50  00 

Bremer, " at  Waverly,  Oct.  6th,  1862, 60  00 

Buchanan, ..."....  at  Independence,  Oct.  6th,  1862, ...  50  00 

Floyd, " ....  at  St  Charles,  Oct  6th,  1862, 50  00 

Iowa, ". . . . at  Williamsburg,  Oct.  6th,  1862, ...  50  00 

Chickasaw, ..."....  at  Bradford,  Oct.  13th,  1862, 50  00 

Clayton, " ....  at  Elkader,  Oct.  13th,  1862, 50  00 

Dubuque, .........  at  Epworth,  Oct.  13th,  1862, 50  00 

Franklin, " at  Hampton,  Oct  13th,  1862, 50  00 

Jones, " at  Anamosa,  Oct  13th,  1862, 50  00 

Story, ". . .  .at  Nevada,  Oct  13th,  1862, 50  00 

Linn, ". . .  .at  Marion,  Oct.  19th,  1862, *    50  00 

Decatur, ". . .  .at  Leon,  Oct.  20th,  1862, 50  00 

Hamilton,  ..." at  Webster  City,  Oct.  20th,  1862, ...  50  00 

Hancock, " at  Amsterdam,  Oct  27th,  1862, 50  00 

Cedar, "...  .at  Tipton,  Nov.  10th,  1862, 50  00 

Webster, ...."....  at  Ft  Dodge,  Nov.  10th,  1862, 50  00 

Pottawatt'mie" ....  at  Council  Bluffs,  Nov.  17th,  1862, .  50  00 

Dallas, ". . .  .at  Adel,  Nov.  24:th,  1862, 60  00 


20  SEORETARrS    REPORT. 

HarriBon  County,  at  Magnolia,  Nor.  24:th,  1863, 60  00 

Madison, "...  .at  Winterset,  Nov.  24th,  1862, 50  00 

Boone, " at  Boonesboro,  Dec.  22d,  1862, 60  00 

Tama, ". . .  .at  Toledo,  Dec.  22d,  1862, 60  00 

Total  amount  in  1862, $2,600  00 

FOR  THE  YEAR  1863. 

Monroe      County,    at  Albia,  Jan.  26th,  1863, $50 

Washington  ..."....  at  "Washington,  March  23d,  1863, 60 

Polk " at  Des  Moines,  March  30th,  1863, 50 

Davis " ....  at  Bloomfield,  March  30th,  1863, 50 

Wayne " at  Corydon,  April  6th,  1863, 60 

Lee " at  Keokuk,  April  13th,  1863, 60 

Scott " at  Davenport,  April  13th,  1863, 50 

Winnesheik  ..." at  Decorah,  April  15th,  1863, 60 

Wapello, " at  Ottumwa,  April  20th,  1863, 60 

Delaware " at  Manchester,  April  27th,  1868, ....  60 

Fayette " ....  at  West  Union,  May  18th,  1863, 60 

Keokuk " at  Sigoumey,  June  6th,  1863, 50 

Greene " at  Jefferson,  June  22d,  1863, 50 

Audubon ". . .  .at  Exira,  Aug.  10th,  1863, 50 

Marion " at  Knoxville,  Aug.  10th,  1863, 60 

Carroll " at  CarroUton,  Aug.  17th,  1863, 50 

Benton " at  Vinton,  Aug.  24th,  1863, 60 

Calhoun ". . .  .at  Lake  City,  Aug.  24th,  1863, 50 

Fremont " at  Tabor,  Aug.  30th,  1863, 60 

Franklin " at  Hampton,  Sept.  14th,  1868, 50 

Mills ".  • . -at  GHenwood,  Sept.  14th,  1863, 60 

Jasper " at  Newton,  Sept.  21st,  1863, 50 

DaUas ". . .  .at  Adel,  Sept.  21st,  1863, 60 

Van  Buren ...."....  at  Birmingham,  Sept.  2lBt,  1863, 60 

Chickasaw ". . .  .at  Bradford,  Sept.  28th,  1863, 60 

Cerro  Gordo .."....  at  Mason  City,  Sept.  28th,  1863, 80 

Clayton «. . .  .at  McGregor,  Oct.  5th,  1868, 50 

Guthrie " at  Panora,  Oct.  5th,  1863, 60 

Clinton " at  Lyons,  Oct.  5th,  1863, 60 

Jones " at  Anamosa,  Oct.  19th,  1863, 60 

Floyd ". . .  .at  Eockford,  Oct.  19th,  1863, 60 


SECRETARY'S    REPORT.  21 


% 


Dubuque    County,    at  Epworth,  Oct.  19th,  1868, 50 

Butler « ....  at  ClarksviUe,  Oct.  19th,  1868, 50 

Decatur " at  Leon,  Oct.  19th,  1868, 50 

Buchanan  ...."....  at  Quasqueton,  Oct.  19th,  1868, 50 

Cedar ". . .  .at  Tipton,  Oct.  19th,  1863, 50 

Hamilton " ....  at  Webster  City,  Oct.  26th,  1863, ....  60 

Wright «. . .  .at  Belmond,  Oct.  26th,  1863, 50 

Hardin ". . .  .at  Eldora,  Oct.  26th,  1868, 50 

Bremer " at  Waverly,  Oct.  26ih,  1868, 50 

Linn " ....  at  Cedar  Rapids,  Oct.  26th,  1868, ....  50 

Story    ". . .  .at  Nevada,  Oct.  26th,  1868, 60 

Iowa " at  Marengo,  Oct.  26th,  1868, 50 

Cass ". . .  .at  Lewis,  Nov.  9th,  1868, 50 

Jackson ". . .  .at  Andrew,  Nov.  9th,  1868, 60 

Madison " ....  at  Winterset,  Nov.  16th,  1868, 60 

Monona ".  ...at  Onawa,  Nov.  16th,  1868, 50 

Mahaska " at  Oskaloosa,  Nov.  16th,  1868, 50 

Webster " ....  at  Ft.  Dodge,  Nov.  16th,  1863, 50 

Louisa ". . . .at  Ghrandview,  Nov.  28d,  1863, 60 

Sac «. . .  .at  Sac  City,  Nov.  80th,  1868, 60' 

Pottawattamie. " ....  at  Council  Bluffs,  Dec.  Tth,  1868, 50 

Marshall *' at  Marshalltown,  Dec.  Tth,  1868, 60 

Harrison " at  Magnolia,  Dec.  14th,  1863, 50 

Crawford " at  Denison,  Dec.  14th,  1863, 50 

Tama ". . .  .at  Toledo,  Dec.  21st,  1868, 50 

Warren " at  Indianola,  Dec.  21st,  1863, 50 

Montgomery  .......  at  Miford,  Dec.  28th,  1863, 50 

Boone " at  Booneeboro,  Dec.  28th,  1863, 50 

Page " at  Clarinda,  Dec.  28th,  1863, 60 

Powesheik " ....  at  Brooklyn,  Dec.  28th,  1863, 60 

Total  amount  in  1863, |3,050 

REPORTS. 

Nearly  all  the  County  Superintendents  complain  of  the  difficulty 
of  obtaining  reports  from  the  District  Townships  in  season  to  pre- 
pare their  annual  reports  by  the  time  fixed  by  law.  They  not  only 
complain  of  delay,  but  of  such  glaring  defects  and  imperfections 
as  to  render  them  in  some  cases  almost  worthless.    The  charges  of 


22  SE0RETART8    REPORT. 

inaccuracy  and  negligence  are  most  severe  against  Sub-Directors. 
In  view  of  this  wide-spread  diflSculty  I  would  suggest  that  the 
District  Secretaries  be  required  to  furnish  the  statistics  now  sought 
for  in  the  reports  of  Sub-Directors,  and  that  their  compensation  for 
such  service  be  fixed  by  the  Board  of  Directors  by  whom  they  are 
appointed.  Statistics  are  of  no  value  unless  reliable,  and  I  am 
satisfied  we  shall  not  obtain  correct  reports  until  competent  men 
are  selected  to  make  them  and  are  paid  for  their  services. 

SCHOOL  FUND. 

I  would  respectMly  call  your  attention  to  the  condition  of 
the  School  Fund.  The-  delinquent  interest  in  September  last, 
amounted  to  |333,341  94.  The  amount  of  interest  apportioned  to 
the  several  counties  during  the  year  1863,  is  $212,720  16,  being 
$00  Y9  for  each  person  between  five  and  twenty-one  years.  Hot 
only  is  the  interest  delinquent,  but  in  some  cases  the  original  fund 
is  becoming  less,  in  consequence  of  losses  by  insufficient  security 
or  the  depreciation  of  property  held  as  security.  Moreover,  at  the 
present  time,  in  some  of  the  Eastern  counties,  portions  of  the  orig- 
inal fund  are  unproductive  in  the  hands  of  the  County  authoritiee, 
they  not  being  able  to  obtain  10  per  cent,  interest  on  loans  as  the 
law  requires.  The  present  is  regarded  as  a  favorable  time  for 
calling  in  this  ftind  and  investing  it  where  the  annual  returns  will 
be  certain  although  they  may  be  somewhat  less  than  they  would 
now  be  if  interest  were  promptly  paid. 

8TATEMBNT  OP  THE  ANNUAL  APPORTIONMENT  OF  THE  SCHOOL 

FUND  INTEREST. 

The  following  statement  shows  the  annual  apportionment  of  the 
interest  of  the  Permanent  School  Fund,  from  the  commencement 
of  our  school  system  to  the  present  time.  This  is  excluswe  of  the 
County  and  School  District  Tax.  It  shows  that  we  have  realized 
and  expended  $1,402,326  64  from  the  annual  income  of  a  fund, 
which  was  generously  donated  to  the  State  for  the  education  of  our 
youth: 


SEORBTARyS    REPORT. 


28 


DATS. 


No.  of  p«r- 
tons  between 
6  and  SI  yean 


Amoant  of  aonnal 
apportionment. 


u 
a 
a 


January  25th,  1849, 

1850, 

1861, 

1862, 

1853, 

1854, 

1855, 

1856, 

14th,  1857. 

25th,  1868, 

17th,  1859, 

15th,  1860, 

4th,  1861, 

March  1862, 

September  1862, . . . . 

March  1863, 

September  1863, . . . . 


a 
a 
u 
u 
a 
u 
u 

March 

u 
a 
a 
u 


42,435 

50,082 
64,509 
77,154 
86,157 
100,083 
120,696 
151,130 
182,841 
203,408 
232,927 
240,934 
246,364 
263,204 
263,204 
269,058 
269,556 


$        6,137.85 

17,027.88 

23,545.78 

20,600.11 

36,185.94 

50,155.12 

68,796.72 

102,718.38 

111,839.64 

103,966.38 

145,034.74 

142,151.06 

140,427.48 

165,217.40 

65,801.00 

123,766.68 

88,953.48 


Total  amount, $1,402,326.64 

WEBSTER'S  DICTIONARY. 

The  law  authorizing  Counties  to  purchase  "Webster's  Dictionary, 
we  think  should  be  amended  so  as  to  place  the  whole  matter  under 
the  control  of  one  department,  instead  of  two.  As  it  now  stands 
there  is  liability  to  mistake,  delay  and  confusion.  Let  all  orders 
for  Dictionaries  be  made  directly  to  the  Auditor  of  State,  and 
receipts  for  the  same  be  returned  to  him.  And  the  matter  we 
think  would  be  satisfactory  to  all  parties. 

The  following  list  shows  the  number  of  books  ordered  by  the 

various  Counties : 

Mills, 23 

Mitchell 8 

Monona, 8 

Monroe, 15 

Montgomery, ...  20 

Muscatine, 26 

Page, 16 

Plymouth, 3 

Polk, 20 

Pottawattamie, . .     8 

Poweshiek, 24 

Ringgold 6 

ScoS, 51 


Adair, 3 

Adams, 13 

Alamakee, 2 

Appanoose, 12 

Audubon, 6 

Benton, 20 

Black  Hawk, ...  60 

Boone, 12 

Bremer, 26 

Buchanan, 17 

Butler, 8 

Calhoun, 2 

Cedar, 40 


Franklin, 8 

Fremont, 1 

Greene, 16 

Grundy, 15 

Guthrie, 18 

Hamilton, 13 

Hancock, 10 

Hardin, 26 

Harrison, 9 

Howard, 13 

Humboldt, 6 

Jackson, 116 

Jasper, 11 


24 


SECBETART'S  REPORT. 


Cerro  Gordo, ...  12 

Cherokee, 2 

Chickasaw, 23 

Clayton, 41 

Clinton, 6 

Dallas, 6 

Davis, 6 

Decatur, 9 

Delaware, 29 

Des  Moines, 14 

Dubuque 79 

Fayette 88 

Floyd 40 

Total, 


Jefferson, 11 

Johnson, 23 

Jones, 6 

Keokuk, 8 

Eossuth, 9 

Lee, 28 

Linn, 86 

Louisa, 23 

Lucas 3 

Madison, 17 

Mahaska, 12 

Marion, 43 

Marshall, 6 


Shelby 7 

Story, 24 

Tama, 6 

Yan  Buren,  ....  49 

Wapello, 12 

Warren, 25 

Washington 48 

Wayne, 18 

Winnebago, 7 

Winneshiek,  ...  25 

"Woodbury, 3 

Wright, 10 


1462 


COUNTY  SUPERINTENDENT. 


The  present  law  requires  the  County  Superintendent  to  examine 
applicants  for  teachers'  certificates,  hear  and  decide  cases  appealed 
from  the  District  Board  of  Directors,  and  transmit  his  annual  re- 
port to  this  office.  The  opinion  is  unanimous,  so  far  as  expressed, 
that  the  duties  of  this  officer  should  be  enlarged,  requiring  himjin 
addition  to  what  is  now  prescribed,  to  visit  each  school  in  his 
County  twice  during  the  year,  and  to  lecture  once  in  each  District- 
Township.  As  an  examiner,  he  can  ascertain  the  literary  and 
scientific  qualifications  of  the  teacher;  but  the  ability  to  teach  can 
be  determined  only  by  a  visit  to  the  school  room.  Too  often 
directors  and  parents  having  employed  the  teacher  and  placed  their 
children  under  his  care,  manifest  no  farther  interest,  while  the 
teachers'  work  of  aU  others  should  be  subject  to  the  inspection  of 
competent  judges.  County  Superintendents  are  in  a  great  measure 
responsible  for  the  success  of  the  schools  and  must  visit  them  in 
order  to  judge  of  their  character.  With  the  present  law  it  is  diffi- 
cult to  find  suitable  men  who  will  accept  the  position;  and  it  is 
often  filled  by  those  who  are  not  qualified  or  by  those  who  mani- 
fest no  interest  beyond  the  nominal  discharge  of  their  duties.  By 
imposing  additional  duties  and  fixing  a  suitable  compensation,  the 
services  of  competent  men  can  be  secured.  We  respectfully  sug- 
gest that  you  make  the  duties  of  this  office  such  as  to  require  the 
best  talent  in  each  County  to  fill  it. 

We  know  that  the  present  time  is  unfavorable  for  recommend- 
ing any  action  requiring  additional  expenses,  that  our  taxes  are 


SECRETARY'S    REPORT.  25 

increasing  with  the  continuance  of  the  war,  and  that  economy 
should  be  exercised  in  every  department.  But  economy  does  not 
consist  in  withholding  appropriations  where  the  interests  of  the 
people  demand  them.  Your  legislation  for  the  schools  looks  beyond 
the  present,  and  will  determine  the  future  character  of  the  State. 
Enlightened  patriotism  and  true  philanthropy  alike  dictate  a  liberal 
policy  in  behalf  of  our  Common  Schools.  It  would  be  doubtftd 
economy  to  expend  all  our  resources  in  contending  for  our  rights 
and  at  the  same  time  to  neglect  the  means  for  preserving  those 
rights.  Said  Madison :  "A  well  instructed  people  alone  can  be  a 
permanently  fi'ee  people." 

The  republic  once  restored  will  be  more  securely  protected  by 
intelligent  and  virtuous  citizens,  than  by  the  strong  arm  of  military 
power.  A  few  thousand  dollars  annually  expended  for  the  schools 
may  secure  for  the  State  its  highest  safeguard,  enlightened  citizens. 

CONCLUSION. 

We  respectfully  suggest  that  as  the  last  edition  of  the  School 
Laws  has  for  some  time  been  exhausted,  provision  be  made  for 
publishing  a  new  edition,  immediately  after  your  adjournment, 
which  shall  contain  all-^the  School  Laws  in  force.  The  expense 
will  be  slight  compared  with  the  obvious  advantages. 

In  conclusion,  we  earnestly  commend  the  schools  to  your  guar- 
dian care,  believing  you  will  consider  their  interests  second  to  none 
with  which  you  have  been  entrusted  by  the  people.  Other  claims, 
local  or  transient  in  their  nature,  will  be  pressed  upon  you ;  but 
the  claim  of  the  schools  knows  no  section — ^no  party — it  comes 
from  all  the  children  in  the  State ;  and  you  will  leave  no  more  en- 
during monument  of  legislative  wisdom,  than  laws,  which  shall 
contribute  to  make  these  children,  the  educated  citizens  of  a  great 
and  prosperous  commonwealth. 

ORAN  FAVILLE,  Acting  Secretary. 


26  SECRETARY'S    REPORT. 


REPORT  OP  ACTING  SECRETARY  WILTSE. 


DuBUQUB,  Dec.  15th,  1868. 
To  the  General  Assembly  of  Iowa  : 

Both  the  Secretary  and  Acting  Secretary  of  the  Board  of  Educa- 
tion have  solicited  me  to  submit  a  report  for  the  period  that  the 
schools  were  under  my  charge,  and  especially  to  present  my  view 
of  the  present  School  Law.  As  it  is  out  of  my  power  to  either 
visit  the  School  OflSce  or  avail  myself  of  its  records,  for  the  pur- 
pose of  a  report,  I  will  briefly  examine  portions  of  the  School  Law 
and  point  out  such  defects  therein  and  such  alterations  thereof,  as 
my  own  experience  suggests. 

The  people  of  the  State,  speaking  through  the  Constitution, 
have  determined  that  the  schools — the  highest  and  most  thoroughly 
diffased  interest  of  our  State — should  be  placed  under  the  control 
of  a  body  of  men  selected  for  that  one  purpose.  The  Constitution 
itself  goes  further,  and  provides  not  only  for  a  Board  of  control, 
but  devolves  upon  this  Board,  until  the  year  1863  shall  have  ex- 
pired, the  making  of  the  school  laws.  In  their  desire  for  a  Board 
of  control,  the  people  simply  availed  themselves  of  the  experience 
of  some  of  the  older  States,  while  in  providing  that  this  Board 
should  legislate,  they  not  only  went  beyond  all  precedent,  but 
actually  "  took  a  step  in  the  dark."  The  Constitution  provides 
that  (until  after  the  year  1863)  the  educational  interests  of  the 
State  shall  be  managed  by  a  Board,  the  members  of  which  shall  be 
elective,  and  that  this  Board  shall  have  fall  power  to  legislate  in 
relation  to  all  the  schools  which  receive  aid  from  the  State ;  but  it 
denies  to  this  Board  the  power  to  levy  taxes  or  make  an  appropria- 
tion of  money;  invests  the  Legislature  with  complete  revisory 
power  over  the  Board,  and  inhibits  it  from  re-enacting  any  law  of 
its  own  which  the  Legislature  has,  by  virtue  of  its  supervisory 
power,  altered,  amended  or  repealed.  To  the  Legislature  the 
Constitution  gives  the  exclusive  power  over  both  the  school  landa 
and  the  school  funds. 


SECRETARY'S    REPORT.  27 

The  first  seBsion  of  tlie  Legislature  under  this  Constitation,  met 
in  January,  in  the  year  1858,  but  the  first  session  of  this  Board 
was  not  convened  until  the  next  following  December.  The  Legis- 
lature finding  the  State  without  any  law  in  reference  to  the  schools, 
save  the  provisions  of  the  Constitution,  and  finding  that  to  leave 
the  schools  in  this  condition  would  be  virtually  to  suspend  them 
for  a  year,  passed  a  detailed  and  well  considered  school  law,  under 
which  all  the  schools  of  the  State  at  once  went  into  operation. 

On  the  threshhold  of  the  first  meeting  of  the  Board,  the  Supreme 
Court,  the  Court  of  last  resort  in  the  State,  declared  this  law  un- 
constitutional, and  that  the  Legislature,  in  making  it,  had  usurped 
the  powers  of  the  Board.  But  the  Court  declined  to  state  what 
particular  powers  had  been  usurped,  and  in  effect  declared  that  it 
was  impossible  to  draw  a  line  that  should  divide  the  powers  which 
belonged  to  the  Board  from  those  which  belonged  to  the  Legislature. 

When  the  Board  met,  it  simply  had  the  alternative  of  adopting 
the  law  made  by  the  Legislature,  or,  by  ignoring  that  law,  to  bring 
the  powers  of  the  Board  and  the  Legislature  into  collision,  to  cre- 
ate instability  and  uncertainty  in  the  law,  and  to  throw  the  schools 
of  the  State  into  complete  confusion.  The  Board  wisely  adopted 
the  Legislative  Act,  and  passed  a  law,  which  the  Supreme  Court 
has  since  pronounced  valid,  legalizing  all  that  had  been  done  under 
the  law  of  the  Legislature. 

In  the  little  legislating  for  the  schools  which  the  Board  has  done, 
the  Legislature  has  freely  exercised  its  revisory  power.  The  effect 
of  aU  this  has  been  to  deprive  the  Board  of  the  exercise  of  the 
powers  conferred  upon  it  by  the  fundamental  law — to  throw  the 
responsibility  of  the  school  laws  upon  the  Board,  and  the  actual 
making  of  them  upon  the  Legislature. 

Under  the  Constitution,  the  Board  is  to  make  the  laws,  but  only 
such  laws  as  are  liable  to  be  altered,  amended  or  repealed  by  the 
Legislature,  and  when  so  either  altered,  amended  or  repealed,  they 
become  perpetual ;  for  the  Board  cannot  re-enact  the  laws  nor  twice 
act  upon  the  subject  of  them,  nor  is  the  power  to  alter,  amend,  or 
repeal  to  be  held  in  abeyance  or  be  twice  exercised.  And  as  nearly 
every  subject  of  legislation  affecting  the  schools,  and  certainly  all 
the  important  ones,  has  already  passed  finally  from  the  hands  of 
both  bodies,  there  is  next  to  nothing  touching  the  schools  which 
either  the  Board  or  the  Legislature  can  do. 


28  SBOHBTART'S    REPORT. 

The  difficulties  already  encountered  are  only  a  small  part  of  what 
inhere  in  the  system.  Never  has  there  been  deviled  a  more  com- 
plete intertwining  of  powers,  and  nothing  in  theory  even  could  be 
more  certain  than  that  powers  disposed  as  are  those  of  the  Board 
and  the  Legislature,  would  never  work  in  harmony.  Had  the 
subject  been  any  other  than  the  education  of  our  children — ^a  sub- 
ject upon  which  the  tenderest  forbearance  is  felt  and  exercised  by 
the  people  of  this  State — ^its  impracticability  would  have  been  much 
earlier  manifested. 

The  idea  of  a  Board  of  Education  having  powers  subordinate  to 
the  law-making  power,  is  an  old  one,  and  has  been  in  practice  of 
the  highest  benefit  to  the  schools.  This  idea,  clearly  expressed  in 
the  Constitution  of  this  State,  was  overworked  by  being  moulded 
into  a  new  or  fourth  branch  of  Government.  Had  the  Constitu- 
tion simply  provided  that  there  should  be  a  Board  of  Education, 
consisting  of  the  Governor  and  Lieutenant  Governor  and  six  per- 
sons appointed  by  the  Governor,  with  the  advice  and  consent  of 
the  Senate,  to  hold  office  for  six  years;  that  this  Board  should 
appoint  its  own  Secretary  and  have  control  of  the  internal  arrange- 
ment and  management  of  the  schools,  but  that  it  should  receive  no 
compensation  other  than  its  own  and  the  actual  expenses  of  its 
members,  the  idea  of  a  Board  would  have  taken  the  form  that  it 
long  ago  took  in  some  of  the  older  and  wiser  States.  Two  mem- 
bers of  such  Board,  until  the  Legislature  meets  annually,  should 
retire  at  the  expiration  of  every  two  years  and  their  places  be  filled 
by  appointment,  as  in  the  first  instance.  The  members  of  such 
Board  would  of  course  be  selected  on  account  of  their  ability,  in- 
tegrity and  interest  in  the  subject.  None  others,  it  is  Mr  to  pre- 
sume, would  accept  a  position  to  which  no  pecuniary  compensation 
was  attached.  In  his  discharge  of  the  duties  prescribed  by  law, 
the  Secretary  would  be  ever  supported  and  largely  assisted  by, 
and  at  the  same  time  be  amenable  to  the  Board  ;  thus  enlarging 
the  sphere  of  his  influence  and  usefulness,  and  at  the  same  time 
holding  him  to  a  strict  accountability,  compared  with  a  Superin- 
tendent of  Public  Listruction,  acting  independently  of  a  Board, 
who  if  elected  for  two  years,  can  be  held  to  no  accountability  du- 
ring his  term  of  office,  and  whose  acts  or  failures  to  act  are  hid  from 
the  public,  and  the  advantage  of  a  body  of  men  whose  business  it 
is  to  see  that  their  Secretary  does  his  duty,  and  who  know  thor- 


SBORBTARY*S    RXPORT.  29 

oughly  what  that  duty  is,  mnst  be  obvious  to  all;.  The  choice  of  a 
Superintendent  will  not  always  be  of  a  proper  person  nor  will  sue- 
cessive  Superintendents  entertain  like  views  or  pursue  a  like  pol« 
icy  ;  while  the  choice  of  Secretary  will  ever  be  of  a  proper  per- 
son, and  however  many  changes  there  may  be  in  the  person^  there 
will  be  none  in  the  policy  of  the  Board  ;  tibe  Superintelidency  will 
lack  and  the  Secretaryship  secure  certainty  and  uniformity. 

The  existing  School  Law,  though  ample  in  its  financial  provis- 
ions, and  excellent  in  its  District  system,  fails  in  not  holding  the 
oflScers  who  administer  it,  to  accountability.  The  law  asks  of  its 
officers  the  number  of  school  children  ;  the  number  of  schools  and 
branches  taught ;  the  number  and  average  attendance  of  pupils  ; 
the  number  of  teachers  and  their  compensation  ;  the  length  of 
term  and  cost  of  tuition  ;  the  amount  paid  to  teachers ;  the  text 
book  in  use  ;  the  number  of  school  houses  and  their  value,  and 
the  amount  arising  from  taxation  and  received  from  the  public 
fund  respectively.  These  questions,  though  proper  in  themselves, 
do  not  reach  the  subject  upon  which  it  is  of  the  first  importance  to 
have  information.  The  funds  and  school  houses  and  teachers  are 
simply  the  means  by  which  an  object  is  to  be  attained.  These  are 
provided  solely  that  the  children  may  be  instructed,  and  may  all 
be  provided  in  abundance  and  the  children  fail  of  instruction.  The 
law  should  require  of  its  officers  full  and  detailed  information  upon 
the  subject.  The  President  or  Secretary  of  each  District  should 
be  required  to  report  the  government,  method  of  instruction, 
course  of  study,  classification  and  progress  of  each  school  in  the 
District.  Where  the  population  of  the  District  reaches  one  thou- 
sand, the  law  should  require  the  report  to  be  printed. 

Of  each  County  Superintendent  the  law  should  require  a  de- 
tailed report  in  print  of  the  manner  in  which  he  has  discharged 
every  duty  devolved  upon  him.  The  duties  of  this  office  bear  and 
ever  should  bear  a  controlling  relation  to  the  schools  ;  but  they  are 
now  discharged  in  as  many  different  ways  as  there  are  counties  in 
the  State.  Some  of  these  Superintendents  realize  the  magnitude 
and  sacredness  of  the  interests  confided  to  them,  and  are  prompt 
and  thorough  in  the  discharge  of  their  duties,  even  at  great  per- 
sonal sacrifice,  others  do  in  a  heedless  and  inefficient  manner,  just 
as  little  as  possible — aiming  apparently  to  make  money  out  of  the 
pitiful  compensation  which  the  law  provides.    To  the  information 


30  SBCRETABTS    REPORT. 

derived  from  the  reports  of  the  several  Districts  in  the  cotmty,  the 
Superintendent  should  add  the  results  of  his  own  visits,  observa- 
tions and  efforts.  He  should  by  all  means  publish  his  method  of 
examining  teachers  and  the  results  of  these  examinations.  In  no 
particular  is  so  much  power  exercised  over  the  schools  as  in  the 
one  of  these  examinations,  and  in  none  therefore  is  a  strict  account- 
ing by  the  Superintendent,  so  important.  Whether  in  many  in- 
stances favorites  and  relatives  are  passed  and  competent  teachers 
rejected  ;  whether  or  not  the  examination  is  made,  the  occasion  of 
rewarding  friends  and  punishing  enemies,  depends  entirely  upon 
the  uprightnesss  of  the  Superintendent.  Besides,  I  have  been  re- 
peatedly informed  by  County  Superintendents  that  they  have 
granted  certificates  to  incompetent  persons,  as  the  only  means  of 
supplying  the  schools  of  their  counties  with  teachers.  Who  does 
not  see  the  effect  of  publishing  to  the  world  this  humiliating  con- 
fession ;  or  rather  who  does  not  see  that  no  Superintendent  would 
dare  to  publish  it  ?  The  fault  lies  in  the  manner  of  the  examina- 
tion. There  are  a  few  subjects  upon  which  a  candidate  can  best 
be  examined  orally,  but  as  a  rule  the  questions  and  answers  should 
both  be  of  record.  The  Superintendent  should  prepare,  either  in 
writing  or  print,  twenty  or  more  questions  upon  each  branch  and 
prescribe  just  rules  in  conformity  to  which  the  answers  of  candi- 
dates are  to  be  written  out.  »  These  rules  should  secure  to  each 
candidate  and  to  all  alike,  a  fair  opportunity  to  exhibit  what  they 
know  upon  the  subjects  with  which  the  questions  deal.  Attach  the 
questions  ancl  answers  with  name  and  residence,  that  they  may  be- 
come a  record  of  the  competency  or  incompetency  of  the  candi- 
date— a  record  to  support  or  refute  charges  against  Superintendents, 
and  from  which  Boards  may  judge  of  both  competency  and  com- 
pensation. 

All  the  questions  now  propounded  by  the  law  to  its  officers  are 
answered  in  the  briefest  manner,  and  generally  in  figures,  and 
answered  alike  by  competent  and  faithful  officers,  and  by  neglectful 
and  worthless  ones.  A  Board  or  Superintendent  may  deserve  all 
praise,  may  have,  by  the  right  use  of  means,  achieved  results  of  an 
important  nature;  may  .have  set  an  examply  eminently  worthy  of 
being  followed,  and  no  benefit  arise  therefrom  to  other  Boards  or 
Superintendents,  simply  because  they  never  hear  of  it.  Nothing 
is  known  to  the  public  upon  the  vital  question  of  instruction,  and 


8E0KBTABTS    REPORT.  31 

nothing  will  be  known  until  reports  throw  open  the  school  house 
doors. 

In  the  State  where  popular  education  is  most  fostered,  and  its 
results  most  beneficent,  the  annual  printed  school  reports  are  as  one 
to  every  four  thousand  people.  In  Iowa,  it  is  one  report  to  seven 
hundred  thousand  people.  In  Massachusetts,  with  a  population  of 
twelve  hundred  thousand,  there  are  annually  printed  of  the  public 
schools,  between  three  hundred  and  four  hundred  reports;  while 
in  Iowa,  with  a  population  of  more  than  half  that  of  Massachusetts, 
we  have  a  single  report  once  every  two  years.  As  a  financial 
measure,  on  the  score  of  economy,  these  reports  are  of  the  first 
importance.  In  nearly  every  county  of  the  State,  more  money  is 
annually  wasted  through  their  absence,  than  is  requisite  to  the 
printing  of  them  all.       / 

Through  special  reports  made  to  me  in  the  capacity  of  Acting 
Secretary,  I  obtained  a  view  of  the  condition  of  instruction  in  pur 
schools.  Instead  of  its  being  systematic,  as  it  should  be,  I  found 
it  to  be  purely  accidental.  There  is  rarely  a  fixed  course  of  study, 
and  when  fixed  it  is  often  made  to  embrace  improper  studies,  or  too 
many  studies.  Generally,  no  reference  is  had  to  arranging  studies 
with  reference  to  the  development  of  the  intellect.  No  limit  is  , 
fixed  to  the  number  of  classes,  and  they  often  reach  to  one  half  the 
number  of  pupils,  rendering  it  impossible  for  a  teacher  to  give  of 
his  time  to  any  one  class,  more  than  fifteen  minutes  the  day.  The 
pupil  is  permitted  (his  parents  consenting,)  to  pursue  and  to  omit 
particular  studies  at  will.  Pupils  are  advanced  in  some  studies, 
and  know  nothing  of  others  that  should  first  have  been  acquired. 
No  given  amount  of  labor  is  to  be  performed  by  either  pupil  or 
teacher,  and  no  definite  result  or  rate  of  progress,  is  aimed  at  by 
either.  No  one  knows — ^there  is  no  criterion  by  which  to  judge — 
whether  the  teacher  has  performed  more  or  less  than  his  duty,  or 
whether  he  has  performed  any  part  of  it;  nothing  to  demonstrate 
the  proficiency  or  delinquency  of  a  pupil.  There  is  no  reward  for 
the  parent  who  has  made  sacrifices  that  his  boy  might  be  punctually 
and  regularly  at  school,  and  nothing  to  shame  him  who  has  sacri- 
ficed his  boy  rather  than  incommode  himself. 

Instruction  is  as  susceptible  of  being  systematized  as  is  any 
branch  of  business.  It  derives  higher  advantages  from  being  sys- 
tematized, and  suffers  more  from  want  of  system,  than  does  any 


82  SECRETARTB    REPORT. 

department  of  industry.  The  law  should  make  systematized  in- 
struction obligatory.  It  should  provide  that  a  course  of  study  be 
adopted:  that  this  course  of  study  be  divided  into  a  given  number 
of  equal,  or  nearly  equal,  parts;  that  no  pupil  shall  pursue  the 
studies  of  two  of  these  parts  at  the  same  time,  nor  shall  he  pursue 
the  studies  of  any  part  but  that  one  which  is  next  higher  than  that 
or  those  of  which  he  has  completed  all  the  studies.  A  school  thus 
arranged  is  termed  a  graded  school — ^a  school  that  progresses  by 
steps — ^because  two  steps  cannot  be  taken  at  once,  and  because  the 
second  cannot  be  taken  until  the  first  is  completed. 

This  plan  is  as  well  adapted  to  the  country  schools,  and  to  the 
small  and  poor  schools,  as  to  the  larger  and  wealthier  ones;  to  the 
schools  where  the  large  scholars  attend  only  in  the  winter,  and  the 
small  ones  only  in  summer,  as  where  all  attend  together  the  year 
through.  The  results  of  substituting  system  for  the  uncertainty 
and  confusion  that  now  prevails,  will,  among  others,  be  to  lessen 
the  number  of  classes  from  fifty  to  seventy-five  per  cent.,  and  to 
increase  in  the  same  proportion  the  length  of  time  which  the 
teacher  may  devote  to  each  pupil  in  the  school.  Instruction  will 
be  both  symmetrical  and  thorough.  All  the  children  will  be  taught 
— not  only  the  bright  ones,  and  those  that  are  encouraged  and 
assisted  at  home,  but  the  duU  and  unfortunate  children  as  well. 

The  length  of  time  necessary  to  complete  one  part  of  the  course 
and  of  the  whole  course,  will  be  definitely  known,  and  will  form 
a  just  and  lasting  criterion  by  which  to  judge  of  both  teacher  and 
pupil.  Every  parent  in  the  District  can  be  accurately  informed 
from  day  to  day  of  the  progress  being  made  by  his  child,  and  the 
Board  may  know  of  the  progress  made  by  their  teacher.  To  the 
faithM  parent  and  diligent  pupil  there  will  ever  be  the  stimulus  of 
promotion,  and  to  the  selfish  parent  and  delinquent  pupil  there 
will  be  the  fear  not  only  of  failing  promotion  but  of  being  reduced 
to  a  lower  grade. 

A  very  few  of  the  Schools  of  our  State  are  graded,  and  I  refer 
to  these  and  their  results  when  I  speak  of  the  benefits  to  be  de- 
rived from  the  plan  proposed. 

I  have  thus  briefly  (Sscussed  what  I  regard  as  grave  defects  in 
our  School  Law,  and  have  incidentally  referred  to  subjects  of  the 
highest  moment  to  the  subject  of  popular  education  in  Iowa.  In 
doing  this  I  have  not. traveled  beyond  my  own  observation  and 


BBGBETARTS    REPORT.  gg 

experience.  During  the  half  year  that  I  oocapied  a  position  of 
responBibility  to  the  schcols,  I  diligently  endeavored  to  ascertain 
their  exact  condition.  I  did  ascertain  the  condition  of  very  many 
of  them,  and,  with  rare  exceptions,  foand  it  one  simply  to  be  de- 
plored. The  records  of  the  school  office  will  bear  witness  that  I 
labored  assiduously  to  correct  the  evils  to  which  I  have  referred, 
bnt  I  soon  found  that  nothing  less  than  the  potent  arm  of  the  law 
oould  bring  reform. 

l*he  Legislature  should,  as  it  can  do  Oonstitutionally  at  its  pres- 
ent Session,  assume  exclusive  jurisdiction  of  the  School  Laws ; 
should  require  instruction  in  the  schools  to  be  systematized  upon  the 
plan  herein  pointed  out;  should  direct  the  mode  of  examining 
teachers  and  should  require  of  every  officer  and  agent  upon  whom 
a  duty,  even  the  smallest,  is  devolved,  a  report  as  to  how  this  duty 
has  been  performed,  and  should  require  these  reports  to  be  in  print 
in  all  cases  where  it  is  practicable.  It  should  in  my  judgment 
further  provide  for  a  Board  of  Education  which  should  have  the 
appointment  and  removal  from  office  of  their  own  Secretary,  whose 
compensation  should  be  large  enough  to  enable  him  to  promptly 
and  thoroughly  carry  into  effect,  in  all  parts  of  the  State,  the  re- 
quirements both  of  the  law  and  the  Board.  There  should  not  only 
be  devolved  upon  this  Board  the  execution  of  the  laws,  but  they 
should  be  empowered  to  make,  in  the  interim  of  the  Sessions  of 
the  Legislature,  such  rules  and  regulations  bs  are  required  to  carry 
out  vigorously  the  purposes  of  the  law. 

Upon  assuming  the  duties  of  Secretary,  I  found  the  school  office 
barren  of  information  upon  the  subject  of  instruction.  I  could  not 
hope  to  do  anything  that  would  result  in  benefit  to  the  schools, 
without  accurate  information  upon  this  subject.  It  would  have  re- 
quired ten  years  to  have  visited,  in  term  time,  one-fourth  of  the 
schools  of  the  State,  visiting  at  the  rate  of  one  the  day.  The 
medium  of  communication  which  the  law  had  provided,  was  the 
County  Superintendents.  To  these  I  issued  the  Circular  of  1st 
January,  1863.  To  those  who  did  not  answer  the  Circular  I  sent 
a  second  with  a  letter  urging  compliance.  A  large  number  of  these 
officers  furnished  the  desired  data  and  a  few .  of  these  labored  effi- 
ciently to  systematize  the  instruction  upon  the  plan  proposed  by 
the  Circular.  The  records  of  the  office  will  show  who  did  and 
who  did  net  do  so.    For  this  labor  the  law  provides  no  compensa- 

6 


84  SBCnBTAFTB    BBPOBT. 

tion.    The  eervioe  rendered  yns  of  great  value  to  the  schools,  and 
I  reflpectfiilly  reoommend  the  passage  of  a  law  authorudng  the 
respectiye  Boards  of  Supervisors  to  audit  and  pay  the  aoooimts  for 
tiiis  service. 
Bespectfhlly  submitted. 

H.  A.  WILTSE. 


ABSTRACTS  FROM  REPORTS  OF  COUNTY  SUPERINTENDENTS. 


ALAMAEEB  COXJNTT. 

t 

There  are  two  private  Bchools  in  this  county,  in  which  advanced 
English,  Latin,  Greek  and  Mathematics  are  tanght 

I  have  not  succeeded,  as  I  could  wish,  in  grading  the  schools 
according  to  the  plan  recommended.  A  marked  improvement 
however  is  seen  in  those  schools  where  an  attempt  has  been  made 
at  grading  them.  A  great  hindrance  to  success  in  grading  the 
schools  is  found  in  the  firequent  changes  of  teachers  and  the  short 
terms  during  which  the  schools  are  in  session ;  stiU  I  would  con- 
tinue to  ur^e  a  systematic  course  of  study. 

I  have  examined  171  teachers,  by  oral  questions — ^perhaps  writ- 
ten would  be  better.  My  standard  of  qualifications  is  so  high  that 
very  few  obtain  certificates  of  the  first  grade. 

A  large  nxmiber  of  teachers  have  gone  into  the  army. 

I  am  satisfied  that  the  better  the  school  law  is  understood  and 
executed,  the  better  it  will  be  appreciated. 

I  think  the  Superintendent  should  be  required  by  law  to  visit 
all  the  schools,  and  that  he  should  be  paid  for  such  service. 

A.  H.  HOUGHTON.  Oo.  Sup't 


BLACK  HAWK  COUNTY. 

We  cannot  have  accurate  reports  until  we  have  a  better  method 
of  collecting  statistics.  I  would  suggest  that  the  District  Secretary 
report'for  the  entire  District,  without  depending  on  the  Sub-Di- 
rector.   We  may  then  hope  for  uniformity  and  accuracy. 

Let  the  County  Superintendent  be  paid  for  his  services,  and,  like 
other  officials,  require  him  to  give  bond  for  the  fulfillment  of  his 
duties.  I  would  make  no  change  in  the  general  features  of  the 
school  law.  M.  H.  MOOSE,  Oo.  SupH. 


86  REPORTS  OF  BUPERINTBNDENTB. 

BUTLER  COUNTY. 

Last  "Winter  and  Spring  I  visited  every  school  in  Butler  county 
then  in  session.  I  found  the  schools  of  the  county  in  as  good  con- 
dition as  perhaps  ought  to  be  expected  in  a  county  so  new,  and 
where  so  many  of  our  most  successful  teachers  are  in  the  army. 
One  of  the  greatest  evils  I  found  in  connection  with  our  schools, 
was  the  multiplicity  of  classes,  varying  from  13  to  36.  In  a  ma* 
jority  of  the  schools  the  teacher  could  not  give  more  than  four  or 
five  minutes  each  day  to  a  class  with  a  suitable  number  of  recita- 
tions. Two  things  account  for  the  great  number  of  classes,  first, 
a  want  of  uniformity  in  text  books,  second,  forming  classes  of 
nearly  the  same  grade. 

Considerable  interest  was  created  in  the  schools  of  our  county 
last  winter,  and  these  evus  to  some  extent  have  been  corrected.  In 
the  village  of  Clarksville  a  building  has  been  rented  for  a  Hig^h 
School,  and  $1000  subscribed  to  furnish  it. 

The  plan  of  Oraded  SckooU^  as  set  forth  in  a  circular  from  your 
office,  was  recommended  to  each  school. 

R.  MEERILL,  Co.  Sup't 


0A88  COUNTY. 

I  take  pleasure  in  reporting  to  you  that  the  schools  in  this  county 
as  a  general  thing  are  prospering.  Several  new  school  houses  have 
been  erected.  I  have  established  the  graded  system  in  a  few  of 
the  schools,  and  I  think  it  will  work  well;  but  owing  to  the  sparse- 
ness  of  settlements  it  cannot  be  introduced  every  where.  We  use 
the  text  books  recommended  by  the  Board  of  Education.  In  most 
of  the  schools  none  but  the  conmion  branches  are  taught. 

J.  S.  RAND,  Co.  Sup't. 


CEDAR  COTJNTT. 


There  are  three  private  schools  in  this  county  (counting  the 
Catholic  school)  containing  respectively  18,  20  and  25  scholars, 
and  collectively  63  scholars. 

Thirty  schools  of  the  county  are  graded,  but  not  all  of  them 


REPORTS  OF  SUPERINTENDENTa  87 

upon  the  plan  suggested.  Those  schools  that  are  graded  show  a 
larger  and  more  regular  attendance,  and  a  more  rapid  and  general 
advancement  than  those  that  are  not  graded.  Those  teachers  who 
have  graded  their  schools  and  prefer  to  have  them  graded,  are  the 
best  teachers  in  the  county.  My  general  examinations  are  always 
in  writing.  When  I  have  time  1  sometimes  allow  applicants  to 
choose,  but  not  often — ^generally  those  whom  I  know  to  be  well 
qualified. 

Whole  number  of  examinations  196.  Forty  of  these  were  re- 
jected. Those  who  answer  on  an  average  of  from  60  per  cent,  to 
70  per  cent,  of  the  questions  asked  are  entitled  to  3d  class  certifi- 
cates— from  70  to  85  per  cent.  2d  class — from  85  to  100  per  cent. 
Ist  class.  In  making  out  the  per  cent.,  the  answer  together  with 
the  manner  in  which  it  is  expressed,  and  the  method  of  obtaining 
it,  are  taken  into  consideration.  My  knowledge  of  the  general 
success  of  a  teacher  is  also  considered  in  determining  the  class. 
First  class,  number  issued  this  year,  31 ;  second,  71 ;  third,  54. 
These  are  also  graded  with  reference  to  time. 

Since  the  success  of  our  schools  depends  in  a  great  measure  upon 
the  number  and  kind  of  teachers,  and  these  depend  on  the  efficiency 
and  vigilance  of  the  County  Superintendents,  which  depends  on 
the  powers  and  pay  attached  to  the  office,  I  would  suggest  that  it 
be  made  the  duty  of  the  Superintendent  to  visit  all  the  schools  in 
his  county  for  the  purpose  of  becoming  acquainted  with  the  quali- 
fications of  the  teachers,  for  the  purpose  of  instructing  them  and 
introducing* uniformity  into  the  schools.  Since  change  of  teach- 
ers is  frequent,  and  as  scholars  frequently  change  from  one  school 
to  another,  the  efficiency  of  the  school  system  depends,  in  a  great 
measure,  on  the  uniformity  of  the  schools  and  the  teaching.  This 
unifonnity  is  one  of  the  great  advantages  of  the  graded  schools. 

I  wonld  also  suggest  that  private  examination  be  dispensed  with 
and  all  the  teachers  be  examined  at  public  examinations  to  be  held 
once  a  month,  or  less  frequently  if  necessary,  and  that  the  Super- 
intendent be  reqw/red  to  call  to  his  aid  in  public  examination,  two 
competent  persons.  W.  P.  WOLF,  Co.  Sup't. 


CERRO  GORDO  COUNTY. 

The  people  generally  would  prefer  the  independent  district  sys- 


8g  REPORTS  OP  SUPERINTENDENTS. 

tern.  They  object  to  giving  the  control  of  the  8nb-diBtrict  to  one 
inan.  The  sub-director  will  iBrequently  hire  a  particular  favorite  or 
relative  against  the  wishes  of  a  majority  of  the  inhabitants  ;  and 
will  often  pay  high  wages  with  the  understanding  that  the  teacher 
is  to  board  with  him,  and  pay  a  high  price  for  board.  By  making 
the  sub-districts  independent,  and  placing  this  power  in  the  hands 
of  three  men,  it  could  not  thus  be  abused.  If  we  would  have  cor- 
rect reports  from  the  counties,  there  must  be  a  different  system  of 
collecting  statistics. 

Many  of  the  sub-directors  are  too  ignorant  to  make  out  a  correct 
ifeport;  others  are  too  careless  or  take  too  little  interest  in  the  mat- 
ter. Either  the  Secretaries  of  the  District  Townships  should  make 
out  the  reports  for  the  Township,  or  the  County  Superintendent 
should  have  charge  of  the  whole  matter,  including  the  apportion- 
ment of  the  Teachers^  Fund.  Lastly  I  would  suggest  that  County 
Superintendents  have  something  to  do,  and  that  they  have  reason- 
able compensation  for  their  services. 

A.  B.  TUTTLE,  Co.  Sup't. 


CraCB[A8AW  COUNTY. 

There  are  no  private  schools  nor  Acadamies  in  this  County.  All 
our  schools  are  graded  according  to  your  circular,  except  one.  We 
can  not  give  the  results  of  grading  the  schools  this  year.  We 
expect  to  have  all  the  schools  graded  next  winter. 

I  have  given  certificate  to  46,  and  limited  certificates  to  10,  and 
have  rejected  37. 

I  would  suggest  modifieationfi  of  the  School  Law,  so  that  eaich. 
Sub-District  can  manage  its  fiscal  affiurs,  both  for  school  houseB 
and  support  of  schools;  and  that  County  Superintendents  be  com- 
pensated so  that  they  can  devote  time  to  the  duties  of  their  office. 

All  the  schools  of  this  County  have  been  visited,  and  I  think  the 
people  mean  to  carry  on  this  work  so  as  to  make  our  schools  num- 
ber one.  THO.  N.  SKINNER,  Co.  Sup't 


CLAYTON  COUNTY. 
My  statistical  report  is  the  best  I  can  famish  fi'om  the  material 


RBPORTS  OF  BUPBRINTSNBBNTa  39 

sent  me  by  the  Secretaries  of  the  District-Townships.  Two  of  the 
items  are  correct,  viz:  Teachers'  Fand  and  the  Annual  Appor- 
tionment^ as  I  got  them  from  the  Treasurer's  books.  I  would  sug- 
gest that  the  office  of  County  Superintendent  be  abolished,  and  an 
Examiner  in  each  Township  substituted  for  it.  K  not  abolished, 
I  would  have  only  three  examinations  during  each  year.  I  would 
have  the  District  Secretary  take  the  u^al  statistics  of  the  Town- 
ship instead  of  the  Sub-Directors. 

There  is  but  one  graded  school  in  the  County,  and  that  is  in  the 
City  of  McGregor.  It  is  «n  impossibility  to  grade  country  schools 
as  recommended  in  a  recent  circular  from  your  office. 

We  have  a  decidedly  mixed  population  with  a  corresponding 
grade  of  schools.  We  have  not  a  surplus  of  teachers,  consequently 
I  aim  to  place  teachers  in  the  schools  for  which  they  are  best 
qualified.  HORACE  EMERY,  Co.  Sup't 


CLINTON  OOUNTT. 

Enclosed  please  find  my  Annual  Report.  It  is  as  complete  as  I 
could  make  it  from  the  reports  of  the  several  District-Townships. 

I  have  during  the  past  summer  introduced  the  graded  system  as 
recommended  in  your  circular  of  Jan.  Ist,  1862,  in  most  of  the 
schools  of  the  county.  Teachers  and  patrons  generally  approve 
of  the  plan,  and  the  results  thus  tEor  are  satis&ctory.  I  have  no 
doubt  that  the  plan  fully  enforced  will  reduce  the  present  methods 
of  teaching  to  systematic  accuracy. 

I  usually  examine  applicants  with  written  questions,  and  issue 
certificates  of  three  grades.  I  grant  certificates  of  the  first  grade 
to  such  as  answer  90  per  cent,  of  the  questions,  and  have  taught 
3  years.  The  second  grade  to  those  who  answer  75  per  cent.,  and 
the  3d  grade  to  those  who  answer  60  per  cent,  of  the  questions. 

We  have  had  male  teachers  enough  to  supply  the  schools  for  the 
winter  terms,  but  at  present  I  do  not  think  there  are  more  than  20 
male  teachers  in  the  County,  the  residue  are  in  the  army.  I  would 
respectfully  suggest  that  the  law  be  amended  so  as  to  allow  District 
Boards  to  levy  a  tax  for  procuring  District  Libraries  and  Ap- 
paratus. R.  J.  CROUCH,  Co  Sp't. 


40  REPORTS  OF  SUPERINTENDENTS. 

DELAWARE  COUNTY. 

During  the  past  year  I  have  issued  146  certificates  and  rejected 
•  66  applicants.  About  45  of  our  best  teachers  have  gone  to  war,  and 
their  places  have  been  filled  by  the  inexperienced.  To  such  I 
usudlly  give  certificates  for  four,  six  or  eight  months.  In  exam- 
ining I  rely  mainly  on  written  questions,  requiring  written  answers. 
I  have  no  deputies.  I  could  find,  after  trying,  no  one  with  pluck 
enough  to  recomend  the  refusal  of  a  certificate.  The  public  school 
in  Manchester  City  is  graded,  and  the  result  is  such  as  might  nat- 
urally be  expected  from  a  systematic  instead  of  a  Kap-Tuxza/rd  way 
of  teaching.  No  other  school  in  the  County  is  thoroughly  graded. 
The  district  school  in  Delhi  approaches  it ;  but  the  teacher  has 
been  prohibited  jfrom  enforcing  the  system,  as  being  erroneous  in 
theory,  and  impossible  in  practice.  Public  opinion  will  come 
around  right  after  a  while. 

I  have  visited  every  school  in  the  County,  except  three,  which 
were  closed  when  I  was  in  their  vicinity,  and  quite  a  number  I 
have  visited  twice  during  the  past  year.  Not  having  a  living  faith 
in  the  Legislature,  I  presented  my  account  to  the  County  Board  of 
Supervisors,  and  got  my  pay — ^two  dollars  a  day. 

Last  winter  I  walked  450  miles  and  spoke  in  55  school  houses. 

J.  L.  McCKEERY,  Co.  Sup't. 


DBS  MOINES  COUNTY. 

I  am  pleased  to  be  able  to  state  that  the  schools  of  this  county 
are  in  a  very  fiourishing  condition.  The  average  term  which  the 
schools  have  been  taught  during  the  past  year,  lacks  only  a  fraction 
of  seven  months.  The  attendance  has  been  much  larger  than  any 
previous  year. 

In  obedience  to  the  request  of  Acting  Secretary  Wiltse,  in  his 
Circular  of  January  1st,  1863,  I  commenced  visiting  the  schools 
of  my  county  about  the  first  of  February,  with  a  view  to  grading 
them  as  recommended  in  said  Circular.  But  I  soon  satisfied  my- 
self that  it  was  impracticable  to  carry  out,  successfully,  in  the  county 
schools,  his  system  of  grading.  I  therefore,  with  a  view  to  better 
prepare  the  way  for  successftdly  grading  the  schools,  directed  the 
attention  of  the  District  Boards  to  the  importance  of  furnishing 


REPORTS  OF  BUPERINTSNDBNTS.  41 

the  teachers  with  blank  Daily  and  General  Begisters  and  Class- 
Books,  to  enable  them  (the  teachers)  to  exhibit  to  their  successors 
the  standing,  deportment,  &c ,  of  each  pupil  in  school,  and  the 
respective  classes  to  which  each  belong.  To  this  the  District 
Boards  responded  tavorably,  and  nearly  all  the  schools  of  the 
county  are  now  furnished  with  suitable  Begisters,  Becords  and 
Class-books,  which  will  enable  the  teachers,  virtually,  to  grade  ^ 
the  schools. 

The  Public  Schools  of  the  City  of  Burlington  never  were  in  so 
flourishing  a  condition  as  at  the  present  time.  They  are  being 
graded  after  the  plan  recommended  by  Prof.  Wells,  of  Chicago,  in 
his  work  entitled  "  The  Graded  School." 

The  present  attendance  in  the  four  Public  Schools  of  the  city,  is 
about  eight  hundred. 

In  answer  to  the  4th  inquiry  in  your  circular  of  July  Ist,  1863, 
I  have  to  say,  that,  since  the  first  of  September  last  I  have  exam- 
ined applicants  for  certificates  by  written  and  oral  questions.  To 
the  written  questions  I  require  written  answers.  I  issue  certifi- 
cates of  four  grades.  Applicants  answering  correctly  90  per  cent, 
of  all  the  questions  asked,  other  things  being  equal,  receive  grade 
No.  1 ;  those  80  per  cent.,  No.  2 ;  70,  No.  3 ;  60,  No.  4.  Nos.  1 
and '2  for  twelve  months,  and  Nos.  3  and  4  for  six  months. 

I  examine  also  in  Theory  and  Practice  of  Teaching.  The 
branches  in  which  the  applicant  has  been  examined,  are  named  in 
the  certificate,  and  the  per  cent,  of  the  questions  correctly  an- 
swered, marked  in  each  branch,  respectively;  thus  showing  at 
once  the  true  standing  of  the  holder  of  the  certificate. 

My  present  mode  of  examination  will,  in  due  time,  cut  oft*  all 
except  those  that  are  well  qualified  to  teach. 

The  number  of  teachers  that  have  gone  into  the  army  from  this 
county  since  the  first  call  for  volunteers,  is  thirty-four. 

With  the  main  features  of  our  present  School  Law  the  people  of 
this  county  are  well  satisfied.  But  while  this  is  true,  it  is  claimed, 
however,  that  farther  legislation  is  necessary  in  order  to  perfect 
the  system,  the  most  important  of  which  is  the  reinstating  of  the 
County  Superintendency,  with  an  adequate  salary.  This  is  called 
for  loudly,  and  nothing  short  of  it  will  satisfy  the  people  of  this 
county. 

I  am  now  engaged  in  visiting  the  schools,  and  expect  to  continue 


42  REPORTS  OF  SnPfiRraTENDENTS. 

until  I  shall  have  visited  every  sdiool  in  the  county.  I  am  doixig 
80  at  the  urgent  request,  not  of  the  teachers  only,  but  of  the  people. 
In  this  I  have  the  hearty  approval  and  co-operation  of  our  County 
Board  of  Supervisors,  who  have  assumed  a  lively  interest  in  the 
welfare  of  our  schools. 

I  suggest  that  section  50  be  so  amended  as  to  inflict  a  suitable 
penalty  in  case  of  &ilure  of  sub-directors  to  report  as  required  by 
law.  The  report  of  sub-directors  being  the  basis  of  all  other  re- 
ports, should  be  'strictly  accurate  and  made  at  the  proper  time. 
The  law  relating  to  independent  or  city  districts,  should  be  sqpar 
rate  and  distinct  from  the  law  relating  to  district  townships.  Mudi 
confusion  and  misunderstanding  has  grown  out  of  the  present  law 
on  account  of  the  general  powers  conferred  on  the  two  Boards, 
without  making  proper  distinctions. 

I  would  suggest  that  the  term  ^^  School  Controllers  "  be  implied 
to  the  Board  of  City  Districts  instead  of  '^  Directors." 

I  might,  with  propriety,  refer  to  other  matters  of  interest  con- 
nected with  our  schools,  but  must  desist.  While  our  beloved 
county  is  being  distracted  in  consequence  of  the  raising  of  the 
ruthless  hand  of  rebellion,  it  is  truly  encouraging  to  witness  the 
lively  interest  evinced  on  the  part  of  the  true  friends  of  our  Q-ov- 
emment  in  the  cause  of  Universal  Education.  It  goes  to  show  an 
intelligent  appreciation  of  the  fact  that  with  the  cause  of  popular 
or  universal  education  is  linked  the  destiny  of  our  nation.  At 
the  masses  are  educated  and  become  virtuous  and  good,  so  will  our 

firee  institutions  be  perpetuated. 

WM.  HAEPER,  Co.  Sup't 


DUBUQUB  COUNTY. 

I  am  happy  to  be  able  to  state,  that  the  schools  generally  in  this 
county  for  the  past  year  have  been  as  prosperous  as  the  embar- 
rassments of  the  times  would  permit.  By  reference  to  the  statis- 
tics it  will,  however,  be  found,  that  the  attendance  of  male  pupUs 
has  not  been  as  large  as  the  two  preceding  years;  this  is  doubtless 
owing  to  the  fact,  that  a  considerable*  number  of  our  youth  have 
entered  the  army,  as  well  as  on  account  of  a  scarcity  of  male  la- 
bor. 

I  should  have  been  pleased  to  comply  with  the  instructions  con- 


REPORTS  OF  BUPERIICTENDENTS.  45 

tained  in  a  circular  issued  from  yonr  office  last  January;  but  as  the 
duty  was  coupled  with  considerable  expense  in  a  populous  county 
like  this,  and  the  Board  of  Supervisors  declining  to  allow  compen* 
sation  for  such  labor,  the  duty  was  only  partially  performed.  Du* 
nhg  the  three  weeks  spent  among  our  schools,  I  found  but  one  of 
them  graded,  (I  do  not  refer  to  our  dty  schools,)  but  little  uniform- 
ity in  text  books,  and  teachers  generally  not  anxious  to  assiune  the 
responsibility  of  introducing  new  ones. 

In  order  to  accomplish  the  two  important  objects  of  grading  the 
schools  and  securing  uniform  text  books,  teachers  must  be  aided  by 
some  legally  constituted  authority.  Were  County  Superintendents 
required  to  visit  schools,  exact  uniformity  in  text  books  and  grade 
the  schools,  I  think  the  work  could  be  accomplished  with  but  little 
reluctance  on  the  part  of  parents. 

In  October  last  we  held  a  very  interesting  Teachers'  Institute 
and  expect  to  hold  another  the  19th  proximo.  I  have  no  doubt  the 
Institute  held  last  year  was  productive  of  considerable  good.  I 
cannot  say  I  am  entirely  in  favor  of  the  present  fashionable  mode 
of  conducting  Institutes ;  it  strikes  me  there  is  too  much  done  by 
paid  lecturers,  and  too  Utile  by  live  teachers. 

J.  J.  E.  NORMAN,  Co.  Sup't. 


EMMKTT  COUNTY. 

You  may  perhaps  think  there  is  no  interest  in  this  county  in  re- 
gard to  schools,  but  it  is  not  so.  At  the  time  of  making  reports 
last  year  there  was  great  excitement  ia  this  county  on  account  of 
the  Indians,  and  every  school  officer  but  one  either  moved  away  or 
enlisted  as  a  soldier.  The  soldiers  took  possession  of  the  school 
house  which  prevented  having  school  last  winter. 

AMOS  A.  PINGEET,  Co.  Sup't 


FAYETTE  COUNTY. 


I  have  the  honor  herewith  to  submit  my  annual  report  for  1862 
and  '68.  The  District  Secretaries  did  not  report  to  me,  which  is 
the  cause  of  my  delay  in  reporting  to  you.  Our  Teachers'  Insti* 
tute  last  Spring  under  the  direction  of  Prof.  M.  Ingalls  was  well 


44  REPORTS  OP  SUrBRINTBNDENTa 

attended,  and  its  influence  has  been  felt  throughout  the  county.  I 
have  visited  many  of  the  schools  during  the  year  and  can  say  there 
is  a  strong  desire  among  teachers  and  people  that  the  duty  of  Su- 
perintendents visiting  the  schools  be  restored.  We  have  a  Teach- 
ers' Association  that  meets  this  month.  Several  good  school  houses 
have  been  erected  this  year,  and  the  Union  School  House  in  this 
place  is  a  fine  edifice.  The  school  will  be  graded.  A  majority  of 
the  people  of  this  county  are  in  favor  of  each  sub-district  being  a 
district^  a  body  corporate,  believing  there  would  be  less  difficulty. 
Another  change  is  desired  by  sub-districts  where  they  are  com- 
posed of  difi^erent  townships,  so  that  if  the  house  burns  it  shall  not 
destroy  the  District.  Our  schools  are  backward,  but  believe  they 
are  improving,  and  hope  the  Legislature  will  make  some  changes 
that  will  materially  benefit  our  schools. 

S.  W.  COLE,  Co.  Sup't. 


PLOYD  COUNTY. 

The  schools  of  Floyd  County  are  in  a  more  prosperous  condition 
than  at  any  previous  time.  Our  Teachers  are  of  a  better  grade, 
improving  each  year,  and  of  necessity  the  schools  must  improve 
in  a  corresponding  degree.  I  addressed  a  Circular  to  the  Teachers 
in  January  last,  asking  information  with  regard  to  the  condition  of 
their  schools,  habits  and  morals  of  pupils,  interest  of  parents,  &c., 
from  most  of  whom  I  received  a  cordial  response.  The  schools 
were  represented  as  in  a  good  condition,  but  feeling  the  lack  of  in- 
terest on  the  part  of  parents.  These  representations  I  found  to  be 
true  the  past  season  in  visiting  the  schools  of  the  county.  It 
seems  strange  that  parents  have  no  more  sympathy  for  our  common 
school  system  and  care  so  little  for  the  education  of  their  children. 
With  regard  to  the  School  Law  I  have  no  suggestions  to  make  ;  a 
large  majority  of  the  people  of  the  county  are  satisfied  with  its 
present  features. 

I  have  granted  certificates  to  90  teachers  within  the  year ;  re- 
jected 16  applicants. 

The  number  of  Teachers  who  have  gone  to  the  army  I  am  not 
able  to  detenhine  accurately,  but  judge  it  to  be  about  fifteen  or 
twenty. 

None  of  the  schools  are  graded  as  suggested  by  your  Depart- 


REPORTS  OP  SUPERINTENDENTS.  45 

ment.     I  urged  the  matter  upon  the  consideration  of  the  District 
Boards,  but  they  did  not  deem  it  advisable  to  adopt  the  system. 

J.  CHESTON  WHITNEir,  Co.  Sup^t. 


FREMONT  COUNTY. 

The  number  of  private  schools  in  this  County  is  6,  pupils  in  at- 
tendance 288.  There  is  one  Academy  having  70  pupils.  There  is 
one  graded  school.  I  examine  teachers  with  oral  and  written 
questions.  I  grade  certificates  both  in  regard  to  time  and  qualifi- 
cations. 

Having  conversed  with  school  officers  in  several  of  the  south 
western  Counties  of  the  State,  I  think  the  general  opinion  favors 
making  the  Sub-Districts  independent.  The  schools  of  this  Coulity 
are  mostly  small  and  backward,  yet  there  are  not  half  enough 
qualified  teachers  to  supply  the  demand.  Many  of  the  school 
houses  are  unfit  for  school  purposes  either  in  summer  or  winter,  and 
v^e  have  scarcely  half  enough  of  these. 

I  have  visited  most  of  the  schools  during  the  summer  for  which 
I  have  received  nothing  except  the  satisfaction  of  knowing  that 
new  interest  has  been  awakened  in  behalf  of  Education. 

WM.  M.  BROOKS,  Co.  Sup't. 


HARDIN  COUNTY. 

The  delay  of  my  report  and  its  defects  must  be  charged  to  the 
neglect  and  carelessness  of  sub-directors.  The  County  Superin- 
tendent and  the  district  Secretaries  are  subject  to  fines  for  remiss- 
ness in  sending  their  reports ;  but  the  Sub-Director,  upon  whom 
they  depend,  delays  his  report  with  impunity.  I  would  suggest 
that  the  Sub-Director  be  paid  for  his  services  imd  be  subject  to  a 
fine  for  neglect  of  duty.  The  schools  have  not  been  graded  in  this 
Connty,  and  can  not  be  until  there  is  authority  for  it,  and  the  Su- 
perintendent is  compensated  for  the  time  required  for  such  work. 
The  people  of  this  County  desire  that  the  office  of  County  Super- 
intendent shall  be  elevated  in  its  duties  and  compensation.  And 
nntil  this  is  done  we  can  not  hope  for  much  improvement  in  our 
schools.  E.  F.  RIPLY,  Co.  Sup't 


46  REPORTS  OP  8UPSRINTE19DENTS. 

HBNRY  COUNTY. 

My  report  is  very  unsatisfactory  and  imperfect  for  the  reason 
that  the  reports  of  district  Secretaries  and  Sub-Directors  are  defec- 
tive. There  are  two  private  schools  in  this  County.  One  having 
100  pupils  and  the  other  60.  And  one  College  having  100  pupils. 
The  graded  system  as  far  as  introduced  works  well.  I  examine 
teachers  with  oral  questions,  and  grade  certificates  by  time^  inferior 
teachers  obtaining  a  certificate  for  8  months,  a  higher  class  for  6 
months  and  the  best  teachers  for  12  months.  I  would  suggest  very 
few  changes  in  the  school  law.  It  is  desirable  however  that  some 
action  should  be  taken  to  secure  correct  reports  from  school 
officers.  SAMUEL  L.  HOWE,  Co.  Sup't. 


HUKBOLDT  COUNTY. 

All  the  schools  in  this  County  except  one  have  been  graded. 
The  difficulties  in  the  way  of  successful  grading  are  want  of  uni- 
formity in  Text  Books  and  a  strong  prejudice  against  all  innova- 
tions. But  I  think  these  obstructions  can  be  removed  by  perse- 
verance. 

The  result  of  grading  has  been  highly  satisfactory  in  most  cases ; 
and  where  it  has  seemed  to  do  less  good,  the  fault  was  not  in  the 
system,  but  in  the  imperfect  manner  in  which  it  was  carried  out. 

1  would  suggest  that  the  County  Superintendent  be  required  to 
visit  all  the  schools  in  his  County  three  or  four  times  each  year. 
He  may  then  excite  a  wholesome  spirit  of  emulation  among  the 
different  schools  and  forward  the  cause  of  education  in  various 
ways.  DEAEMAN  WILLIAMS,  Co.  Sup't 


•» 


JACKSON  OOTTNTY. 


The  grading  of  the  schools  in  conformity  with  your  recent  circu- 
lar meets  with  favor  among  teachers.  The  only  question  is  in  re- 
gard to  its  practicability  in  the  country  districts  where  the  schools 
continue  only  a  part  of  the  year,  and  where  the  attendanee  is  irreg- 
ular, and  the  text  books  not  imiform.  I  am  in  favor  of  lEt  law  com- 
pelling regular  attendance  and  uniformity  in  text  books.    I  am  also 


BEPORTS  OP  SUPBRINTiSNDBNTS.  47 

in  hvoT  of  giving  the  entire  chaxg^  of  making  the  preliminary  r^ 
porta  to  the  District  Secretary.  As  long  as  we  depend  on  Sub-Di- 
rectors the  reports  will  be  very  imperfect  The  Oonnty  Superin- 
tendent should  also  be  authorized  to  devote  his  time  wholly  to  the 
duties  of  his  oflSce.  ALLEN  PALMER,  Co.  Sup't. 


JA.SPBR  COUNTY. 

You  will  find  my  report  less  complete  than  I  desire,  owing  to 
the  great  irregularity  in  the  reports  of  the  District  Secretaries. 
The  prevailing  idea  with  the  officers  of  the  Districts  seems  to  be 
that  there  is  but  one  essential  thing  in  a  report,  and  that  is  the 
number  of  youths  between  the  ages  of  five  and  twenty-one. 
Their  reports  present  a  very  imperfect  view  of  the  financial  con- 
dition of  the  Districts.  I  would  suggest  that  the  County  Superin- 
tendent be  made  the  head  of  school  system  in  the  county  finan- 
cially, if  we  desire  a  report  showing  the  exact  condition  of  the 
several  school  funds.  How  can  the  County  Superintendent  exer- 
cise a  ^^  general  siipervision ''  when  the  most  material  interests  are 
under  the  control  of  other  officers  ?  With  these  modifications  our 
school  system  will,  in  my  opinion,  work  well. 

JAMES  PORTER,  Co.  Sup't. 


J0NB8  COUNTY. 

There  are  three  private  schools  in  the  County,  having  in  all  172 
pupils. 

We  have  not  attempted  to  grade  the  schools  as  recommended  in 
the  Circular  from  your  office,  for  the  reason  that  many  people  of 
the  county  think  that  under  the  present  law  the  County  Superin- 
tendent has  nothing  to  do  with  the  schools,  and  furthermore  the 
Supervisors  of  the  County  are  not  willing  to  allow  ordinary  com- 
pensation for  tune  actually  spent  in  examining  teachers. 

I  examine  teachers  by  oral  and  written  questions. 

I  grade  certificates  into  four  classes.  The  first  grade  obtains  a 
certificate  for  12  months ;  second  grade  8  months ;  third  grade  5 
months  and  fourth  grade  3  months. 

The  friends  of  education  in  this  County  believe  that  the  Countv 


1 


48  REPORTS  OF  SUPERINTENDENT8. 

Superintendent  shonld  be  required  by  law  to  visit  the  schools  and 
explain  the  School  Laws  to  the  people.  By  this  means  the  school 
officers  would  learn  their  duty  and  most  of  the  evils  now  com- 
plained of  in  the  school  system  would  be  avoided. 

I     H,  D.  SHERMAN,  Co.  Sup't 


EEOEUK  COUNTY. 

The  great  defect  in  our  school  system  is  the  want  of  visitation  by 
County  Superintendents.  Let  him  be  required  to  lecture  to  the 
Teachers  and  Board  of  Directors  in  each  District  Township  once 
a  year,  for  which  pay  him  from  the  School  Fund,  say  $5  00.  The 
Boards  that  wish  him  to  visit  their  schools,  pay  him  from  the  same 
fdnd  $3  00  per  day. 

Let  schools  that  fail  to  make  required  reports,  or  that  have  less 
than  24  weeks  each  year,  or  that  employ  unlicensed  teachers,  be 
deprived  of  all  or  such  portion  of  the  next  dividend  of  school 
money  as  the  Board  of  Supervisors  may  direct. 

The  act  authorizing  German  to  be  taught  has  occasioned  some 
trouble.  The  schools  must  be  exclusively  English,  or  Boards  must 
permit  German  Schools  two,  three  or  four  months  a  year  when  a 
majority  of  the  voters  in  any  Sub-District  petition  for  it.  Seldom 
can  the  same  person  teach  successfully  both  languages. 

Lastly,  abolish  the  right  of  appeal,  except  to  the  Secretary  of 
State  Board  and  let  every  appellant  pay  him  $5  00. 

D.  V.  SMOCK,  Co.  Sup*t. 


KOSSUTH  COUNTY. 

I  hope  there  will  be  no  radical  change  in  tihe  essential  features 
of  our  school  law,  but  in  accordance  with  your  invitation,  I  venture 
to  suggest  some  modifications  of  the  law,  in  order  to  render  it  con- 
sistent with  itself,  and  more  in  conformity  with  what  I  suppose  to 
have  been  the  views  of  the  law  makers  themselves. 

Part  33,  edition  of  1862,  Sec,  6. — It  appears  to  me  that  provision 
should  be  made  for  holding  an  extra  meeting  of  the  District  Tovnci- 
fihip.     Our  District  Township  is  24  by  32  miles,  situated  on  both 


RESPORTB  OF  BUPBRIMTSNDBNTa  49 

sides  of  the  river,  which  frequently,  at  the  time  of  the  District 
meeting,  is  impassable. 

8bo.  7  (second). — I  see  no  propriety  in  the  proviso.  Our  Dis- 
trict Township  purchased  a  building  for  a  school  house  in  Sub-Dis- 
trict No.  1,  and  afterwards  built  a  new  school  house  in  the  same 
Sub-District,  all  from  an  equal  tax  upon  the  District.  Why,  then, 
if  we  sell  the  old  house,  should  not  the  pay  go  into  the  common 
fund? 

Sbc.  10. — ^When  and  where  are  the  judges  of  the  respective  Sub- 
District  elections  to  meet  to  canvass  the  votes  for  the  Director  at 
large?  Why  not  have  the  Director  at  large  elected  at  the  meeting 
of  the  District  Township,  and  let  it  be  understood  that  he  is  to  be 
President  of  the  Board  of  Directors? 

Seo.  17. — It  appears  to  me  that  this  section  places  the  District 
Township  too  much  in  the  power  of  a  Sub-District.  If  a  Sub-Dis- 
trict asks  for  money  to  build  a  house,  it  must  have  it,  whether  the 
District  thinks  it  expedient  or  not. 

Secs.  18  and  19. — ^An  earlier  day  should  be  appointed  for  the 
Directors  to  hold  their  first  meeting  and  enter  upon  their  duties^ 
In  many  Sub-Districts  they  want  their  school  to  commence  as  early 
as  the  first  Monday  in  May,  only  two  weeks  after  the  first  meeting 
of  the  Board.  Sub-Directors  usually  wish  to  employ  teachers  much 
earlier  than  that.  I  can  see  no  serious  objection  to  their  entering 
upon  their  duties  as  early  as  the  third  or  fourth  Monday  in  March. 

0.  TAYLOE,  Co.  Sup^t. 

LOmaA  COUNTY. 

Many  of  the  schools  in  this  county  have  been  graded  ;  but  many 
of  our  country  schools  can  scarcely  be  graded  according  to  any  sys- 
tem that  can  be  sustained.  Much  more  might  be  done,  however, 
if  the  County  Superintendent  were  authorized  by  law  to  visit  and 
grade  the  schools.    As  it  now  is,  few  can  be  found  qualified  for  the 

position  that  will  accept  it. 

J.  K.  SWENEY,  Oo.  Sup't. 


MAHASKA  COUNTY. 

In  accordance  with  the  School  Law,  I  hereby  submit  the  fol- 
lowing report  for  the  year  ending  September  20th,  1863  : 


50  REPORTS  OP  SUPBRENTBNDBIfTB. 

The  schools  of  this  county  are  in  as  prosperous  a  condition  as 
can  be  expected,  when  we  take  into  consideration  the  great  scarcity 
of  eom^peterU  teachers.  By  competent  teachers,  I  mean  those  who 
not  only  understand  the  branches  they  are  required  to  teach,  but 
who  know  how  to  teach  them. 

*  I  have  granted  one  hundred  and  forty-six  certificates  during  the 
last  year,  and  have  rejected  thirty  applicants,  and  I  have  no  hesi- 
tation in  saying  that  many  of  those  who  received  certificates  should 
have  been  rejected.  According  to  the  instructions  from  your  office, 
a  thorough  knowledge  of  the  branches  named  in  the  School  Law  is 
necessary  to  obtain  a  certificate.  I  immediately  saw  the  difficulty 
there  would  be  in  obtaining  a  sufficient  number  of  well  qualified 
teachers  for  our  schools  ;  and  published  the  following,  which  will 
explain  my  method  of  grading  certificates  : 
.  "  Teachers'  Certificates. — I  will  state  that  the  object  of  an 
examination  is  to  ascertain  the  applicant's  general  knowledge  of  the 
branches  he  expects  to  teach,  and  his  skill  in  the  art  of  teaching. 

The  law  contemplates  that  all  teachers  shall  be  qualified  to  teach 
Orthography,  Beading,  Writing,  Arithmetic,  Geography  and 
English  Grammar;  and  certainly  every  teacher  should  have  a 
thorough  knowledge  of  these  branches.  The  fact  that  he  has  a  lit- 
tle knowledge  of  each,  will  not  answer,  he  should  be  familiar  witli 
them;  ready  and  able  at  all  times  to  explain,  illustrate  and  simplify 
his  subject.  He  must  be  a  man  of  good  moral  character  and  gen- 
eral intelligence;  one  who  will  feel  a  deep  interest  in  the  welfare 
of  his  school,  and  who  is  sparing  no  pains  to  qualify  himself  for 
the  faithfiil  discharge  of  the  arduous  duties  of  his  responsible 
position.  He  should  have  a  correct  idea  of  the  duties  and  respon- 
sibilities of  a  teacher.  But  we  are  told  that  if  we  grant  certificates 
only  to  those  who  possess  all  these  qualifications  many  of  our 
schools  will  be  without  teachers.  This  I  admit,  and  have  there- 
fore graded  my  certificates  from  one  to  three.  I  endeavor  to  grant 
No.  1  only  to  those  who  come  somewhat  near  to  this  standard,  and 
grades  two  and  three,  to  others  according  to  their  qualifications; 
No.  8  indicating  the  lowest  standard  of  qualifications  that  will 
entitle  any  one  to  a  certificate.  I  will  also  state  that  in  my  exam- 
inations, I  will  endeavor  not  to  embarrass  and  confiise  any  one 
with  difficult  and  perplexing  questions,  for  such  would  only  defeat 
what  we  wish  to  accomplish. 

I  published  the  above  soon  after  the  creation  of  the  office  of 


REPORTS  OP  SUPERINTBNDENXa  51 

Snperinteudent,  and  have  endeavored  to  adhere  to  it  ever  since. 

Examinations.  In  my  examinations,  I  adopt  both  the  oral  and 
written  answers. 

Colleges,  &o.  We  have  in  this  County,  two  private  High 
Schools,  and  one  College,  all  in  a  flourishing  condition. 

Graded  Schools.  I  can  not  say  that  there  are  any  schools  in  this 
county  graded  according  to  the  system  recommended  in  the  circular 
from  your  oflice.  That  circular  was  issued  on  the  first  of  January  last 
and  at  that  time  the  schools  were  too  far  along  in  their  terras  to 
adopt  the  system;  at  all  events,  it  could  have  been  tried  in  but  few 
of  them ;  and  my  engagements  were  such  that  it  was  impossible 
for  me  to  quit  my  business  and  give  the  subject  that  attention  that 
its  importance  demanded.  I  fear,  however,  that  it  will  be  very 
difficult  to  introduce  that  system  into  the  sparsely  settled  districts 
of  this  County.  We  have  graded  schools  in  the  City  of  Oskaloosa, 
although  somewhat  different  from  the  plan  recommended. 

Text  Books.  The  Eclectic  Series  and  Mitchell's  and  Monteith's 
Geographies  are  used  in  all  the  schools  of  this  County. 

Teachers  in  the  Army.  Since  the  first  call  for  volunteers 
about  twenty  of  the  teachers  of  this  County  have  gone  into  the 
army,  thus  showing  that  when  our  beloved  country  calls  for  help, 
the  teachers  are  as  patriotic  as  any  other  class  of  men;  with  them, 
the  love  of  country  appears  to  be  predominant,  and  but  few  of 
them  are  found  identified  with  those  who  are  in  opposition  to  the 
government. 

School  Law.  The  present  school  system  was,  at  first,  very  un- 
popular, so  much  so  that  politicians  were  afraid  to  endorse  it;  but 
after  a  trial  of  about  five  years  a  great  change  has  taken  place;  the 
system  has  become  popular,  and  the  standard  of  our  public  schools 
has  been  elevated.  I  will  not  recommend  any  radical  change  in 
the  law  at  the  present  time,  the  people  desire  some  stability  in  the 
legislation  on  this  subject ;  constant  changes  tend  to  perplex  and 
embarrass  them.  There  are  cases,  however,  where  the  preseni)  IjBrW 
may  appear  to  do  injustice  in  some  particular  locality ;  but  the  cor- 
rection, by  legislation,  of  one  local  difficulty,  might  create  xoslhj 
others  elsewhere,  and  make  much  confusion  and  trouble. 

I  think,  however,  that  the  law  should  be  so  changed  as  to  require 
the  President  or  Secretary  of  each  school  district  to  satisfy  the 
County  Superintendent  by  oath,  that  they  had  fully  complied  with 


52  RBPOETB  OF  BTJPBRINTBNDBNT8, 

the  reqmrements  of  the  law  before  they  are  permittod  to  draw  any 
of  the  apportionment  fix)m  the  County  Treasury. 

J.  M.  LOUGHRIDGE,  Co.  Sup't. 


MILLS  COUNTY. 

I  have  urged  upon  teachers  and  school  officers  the  plan  proposed 
for  grading  schools,  but  many  objections  are  urged  against  its  prac- 
ticability in  our  small  country  schools  on  account  of  irregularity 
in  attendance,  &c. 

I  have  my  doubts  in  the  matter,  on  the  plan  proposed.  It  has 
not  been  adopted  to  any  extent  in  this  county. 

I  am  satisfied  that  the  graded  system  is  the  true  one  and  hope 
some  plan  may  be  proposed  adapted  to  our  country  schools. 

I  think  it  would  be  impolitic  to  change  the  main  features  of  the 
school  law.  J.  M.  MADISON,  Co.  SupH. 


POLK  COUNTY. 

In  reply  to  your  circular  of  July  Ist,  1863,  there  are  in  this 
county  some  eight  private  schools  having  in  all  about  240  pupils. 
"We  have  graded  some  20  schools,  as  near  as  possible  in  accordance 
with  the  circular  issued  from  your  office.  The  results  of  such 
grading  are  most  satisfactory  to  both  patrons  and  teachers. 

I  examine  teachers  both  by  oral  and  written  questions.  I  have 
examined  126,  and  rejected  15,  and  have  issued  certificates  of  first 
grade  to  16,  second  grade  to  26,  third  grade  to.  67.  About  fifty 
teachers  have  gone  into  the  army. 

Last  winter  I  visited  nearly  all  the  schools  of  this  county,  spend- 
ing a  day  in  most  of  them  and  talking  to  the  patrons  at  night. 
The  people  every  where  favored  the  plan  of  grading  the  schools 
when  it  was  explained  to  them.  I  am  convinced  that  our  schools 
will  never  accomplish  their  high  mission  until  they  are  graded* 

I  also  believe  every  school  should  have  a  library  of  all  the  books 
used  in  the  school,  and  that  the  pupils  should  be  supplied  from  it, 
the  books  and  studies  of  the  pupils  to  be  under  the  control  of  the 
teachers.  Text  books  famished  thus  will  cost  less  and  secure  uni- 
formity. 


REPORTS  OF  SUPERINTBNDBNTa  68 

The  necessity  of  increasing  the  duties  and  salary  of  the  County 
Superintendent  have  been  so  repeatedly  urged  upon  the  attention 
of  the  Legislature  that  it  i&  hoped  they  will  appreciate  its  import- 
ance. 

The  meetings  of  the  Teachers'  Association  held  in  different  parts 
of  the  county  have  resulted  in  much  good  to  the  schools.  During 
the  Summer  several  school  celebrations  were  held,  creating  a  lively 
interest  among  the  citizens. 

The  people  of  this  county  generally  like  the  school  law  and 
think  changes  in  the  law  would  increase  instead  of  diminish  its 
defects.  If  the  people  would  elect  men  competent  to  execute  the 
law  we  should  hear  much  less  about  its  defects. 

E.  D.  HAWES,  Co.  Sup't. 


VAN  BUREN  COUNTY. 

I  would  recommenid  no  change  in  the  school  law  ezcept  to  in- 
crease the  duties  and  pay  of  County  Superintendents.  He  cer- 
tainly ought  to  have  the  "visiting  power."  The  citizens  of  this 
county  desire  it,  and  none  more  than  the  teachers.  At  their  Insti- 
tute in  September  last,  a  resolution  was  passed  unanimously  pray- 
ing the  next  General  Assembly  to  enact  a  law  requiring  the  Super- 
intendent to  devote  his  whole  time  in  promoting  the  interests  of 
the  schools  in  his  county.  D.  G.  PERKINS,  Co.  Sup't 


WARREN  COUNTY. 

My  report  is  somewhat  defective,  owing  to  the  defective  reports 
of  some  of  the  Secretaries.  I  have  been  at  much  trouble  to  make 
it  as  fiill  as  I  have. 

As  to  the  schools  in  Warren  county  for  the  past  year,  so  iar  as  I 
can  judge,  I  can  report  them  in  a  healthy  condition  ;  but  I  desire 
to  see  a  greater  demand  for  the  very  best  class  of  teachers.  The 
policy  that  has  been  adopted  by  some  of  our  District  Boards  to  set 
a  limit  to  the  wages  of  teachers,  beyond  which  no  Director  can 
go,  will,  I  fear,  prove  disastrous  to  our-  schools,  especially  as  the 
price  fixed  will  not  command  the  services  of  the  best  teachers.  The 
correct  theory  is,  to  demand  the  very  best  teachers  and  pay  them 


54  REPORTS  OP  SUPERINTENDENTS 

generously,  and  wisely  discriminate  between  those  who  are  really 
entitled  to  good  wages,  and  those  who  are  not.  One  teacher  may  be 
dear  at  fifteen  dollars  per  month,  while  another  may  be  cheap  at  fifty. 
I  am  decidedly  in  favor  of  the  township  district  system  exdn- 
sively,  or  the  independent  sub-district  system  ;  one  or  the  other  is 
preferable  to  the  mixture  of  both.  The  township  district  system 
is,  I  think,  better  adapted  to  an  older  state  of  things  than  we  have 
in  this  country.  I  believe  it  to  be  a  fine  thing  when  the  District 
Board  is  composed  of  the  best  men,  men  who  are  disposed  to  do 
strict  justice  to  every  sub-district ;  but  this  is  frequently  not  the 
case.  There  is  not  that  equality  in  our  sub-districts  that  exists  in 
older  States  ;  and  hence  a  measure  that  may  seem  to  be  well 
adapted  to  some  of  the  sub-districts,  is  not  adapted  to  others ;  and 
although  the  Board  may  try  to  discriminate,  the  result  generally 
is  that  some  portion  of  the  District  is  much  dissatisfied.  On  the 
whole;  I  think  it  would  be  better  that  each  sub-district  should  man- 
age its  own  affairs,  with  provisions  compelling  them  to  provide 
well  for  the  education  of  their  children,  in  cases  where  the  people 
were  disposed  to  not  do  their  duty.  I  think  the  minimum  of  the 
tax  levied  for  Teachers'  Fund,  should  be  fixed  by  law ;  also  the 
minimum  of  school  house  tax  should  be  fixed  bylaw,  till  each  sub- 
district  has  built  (where  they  now  have  none)  and  paid  for  a  good 
school  house. 

I  would  recommend  that  it  be  made  the  duty  of  the  teacher  to 
report  to  the  Secretary,  instead  of  making  it  the  duty  of  the  di- 
rector to  do  the  same.  Each  district  should  be  compelled  to  pro- 
vide each  school  with  a  good  substantially  bound  weekly  register. 

WESLEY  M.  WHITE,  Co.  Sup't 


WOODBURY  COUNTY, 

The  small  proportion  of  scholars  who  have  attended  school  is 
attributable,  in  a  good  measure,  to  the  fact  that  many  families  have 
abandoned  their  homes  on  the  frontier,  and  taken  up  their  resi- 
dence here  (Sioux  City)  for  protection  from  the  Indians ;  and  in 
their  unsettled  condition  have  neglected,  or  have  been  unable  to 
send  their  children  to  school.  A  state  of  war  is  peculiarly  unfavor- 
able to  educational  interests,  and  our  schools  have  suffered  very 


REPORTS  OF  SUPERINTENDENTS.  55 

materially  from  the  excitement  attending  the  presence  of  large 
bodies  of  soldiers,  and  the  uneasy  state  of  mind  induced  by  the 
expedition  against  the  Indians.  Many  have  feared  for  the  safety 
of  the  settlements  in  this  county,  and  some  even  for  Sioux  City, 
and  have  held  themselves  in  readiness  for  flight  on  the  shortest 
notice.  Of  course  children  participate  largely  in  this  feeling,  and 
those  who  have  attended  school  have  not  received  the  benefit  they 
otherwise  would. 

I  would  suggest  that  some  alteration  be  made  in  our  school  sys- 
tem, by  which  the  oflBce  of  County  Superintendent  may  be  either 
abolished  or  endowed  with  some  effective  power,  and  paid  so  that 
a  good  man  for  the  place  may  have  some  inducement  to  accept  it 
and  perform  its  duties.  A  visit  to  all  the  schools  in  this  county 
involves  a  ride  of  one  hundred  and  twenty  niiles,  and  a  week's 
time ;  and  the  entire  compensation  of  the  office,  at  the  rate  which 
county  orders  now  bring,  is  less  than  five  dollars  1  Of  course  th^ 
office  is  a  heavy  tax  on  any  one  who  accepts  it.  If  the  officer  were 
paid  from  the  school  ftmd  it  would  not  be  so  bad,  but  even  then  no 
poor  man  could  accept  it. 

J.  C.  C.  HOSKINS,  Co.  Sup't. 


WINNESHIEK  COUNTY. 

The  less  change  in  the  school  law  the  better.  I  would  suggest 
that  some  method  be  adopted  for  obtaining  correct  reports  from 
Sub-Districts.  The  Secretary  of  every  District  Township  com- 
plains of  incomplete  reports  from  some  of  the  Sub-Directors.  The 
salary  of  County  Superintendents  should  be  such  that  in  a  county 
like  this,  with  seventy-five  schools,  he  could  devote  his  whole  time 
to  them.  The  subject  of  "  Ghraded  SchooU^^  was  brought  up  in  our 
Teachers'  Institute  last  spring,  and  was  heartily  approved  by  all; 
but  I  feared  to  have  our  teachers  introduce  so  new  a  system  unless 
I  could  have  the  authority  and  opportunity  of  being  with  them  two 
or  three  times  during  the  term.  The  schools  can  be  graded  with 
success,  as  soon  as  legal  authority  gives  the  Superintendents  in 
their  respective  counties  control  of  the  matter. 

Upon  the  whole,  I  am  glad  to  report  progress  in  the  schools  of 
this  county.    The  law  compelling  teachers  to  attend  Teachers'  In- 
stitutes, is  an  excellent  one.    Our  Institute  had  over  90  teachers, 


66  RBPORTS  OF  SUPBRTNTENDENTa 

many  of  whom  had  never  before  attended  one.    They  will  all  attend 
voluntarily  another  year.  J.  E.  SIMPSON,  Co.  Sup't. 


WASHINGTON  COUNTY. 

The  reports  from  teachers  and  school  officers  are  very  defective. 
I  would  suggest  that  wages  be  withheld  from  teachers,  and  appor- 
tionments of  public  money  from  districts  until  they  ftimish  the 
reports  required  by  law.  We  can  make  no  progress  in  grading 
schools  in  this  County  unless  there  is  a  law  requiring  it. 

I  would  suggest  an  examining  board  of  three  in  each  County, 
instead  of  County  Superintendent,  and  that  they  visit  the  schools. 

There  is  great  neglect  of  school  houses  in  this  County;  many  of 
them  are  in  wretched  condition ;  few  have  out-hoxlses,  which  I 
deem  disgraceful  and  demoralizing. 

C.  THOMPSON,  Co.  Sup't 


WINNEBAGO  COUNTY. 


The  schools  in  this  County  have  been  graded  and  are  making^ 
much  better  progress  than  ever  before. 

The  school  law  with  little  patience  is  easily  understood  and 
executed,  and  should  not  be  changed. 

AUG.  OULMAN,  Co.  Sup't. 


WRIGHT  COUNTY. 

The  want  of  uniformity  in  Text  Books  and  the  sparseness  of  the 
population  have  prevented  any  efforts  at  grading  the  schools  in  this 
County. 

The  law  should  require  the  County  Superintendent  to  visit  the 
schools  and  thus  enable  him  to  determine  whether  the  teacher  is 
doing  his  duty. 

The  law  should  also  regulate  the  salary  of  school  officers.  It  is 
the  practice  in  some  districts  of  this  County  to  pay  each  Sub- 
Director  $15  in  addition  to  the  salary  of  the  President,  Secretary 


REPORTS  OF  BUPERINTBNDENTa  57 

and  Treasurer.  In  one  district  the  school  was  taught  28  weeka 
eosting  as  per  report  $141.50,  and  the  school  officers  of  the  sam^ 
diatrict  received  $107.50  for  their  services. 

WILLIAM  D.  MEEKER,  Co.  Snp't. 

8 


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74  EXPLANATION. 


EXPL^lSr^TION . 


Col.  Thomas  H.  Benton,  Jr.,  Secretary  of  the  Board  of  Educa- 
tion, entered  the  Military  service  of  the  United  States  in  Novem- 
ber, 1862,  leaving  the  office  in  charge  of  Hon.  H.  A.  Wiltse  of 
Dubuque,  who  performed  its  duties  until  the  first  of  April,  1863. 
Other  engagements  then  requiring  his  attention.  Col.  Benton  re- 
quested me  to  take  charge  of  the  office,  with  the  expectation  that 
he  would  return  in  time  to  superintend  the  preparation  of  his  Bi- 
ennial Report.  But  finding  it  impracticable  to  leave  his  command 
without  detriment  to  the  service,  he  recently  gave  directions  for 
the  preparation  of  the  Report,  hoping  to  fornish  material  for  a 
portion  of  it.  We  regret  that  he  has  been  unable  to  do  this,  as  his 
long  connection  with  the  public  schools  of  the  State,  rendering 
him  familiar  with  the  school  laws,  eminently  fitted  him  to  make 
recommendations  for  their  improvement.  As  the  law  fixes  the 
day  for  publication,  we  can  delay  no  longer  and  present  the  Report 
in  its  present  form. 

Col.  Benton  has  just  sent  his  repignation  as  Secretary  of  the 
Board  of  Education,  and  Gov.  Kirkwood  has  appointed  the  under- 
signed to  fill  the  vacancy.  ORAN  FAVILLE, 

Secretary  of  the  Board  of  Education. 

Des  Moines,  Jan.  4th,  1864. 


To  the  General  Aseembh/  and 

Board  of  EduccUlon  of  the  State  of  lowm: 

The  Trnstees  of  the  State  University,  in  the  presentation  of  their 
aocostomed  Biennial  Report,  in  accordance  with  the  provisions  of 
the  Statute,  desire  neither  to  ignore  nor  overlook  the  great  fact, 
that  during  the  past  two  years  and  upwards,  our  country  has  been 
involved  in  a  gigantic  struggle  with  armed  rebellion,  affecting  most 
materially  not  only  the  commerce  and  currency  of  our  land,  but 
also  every  department  of  business  and  industry ;  and,  of  course, 
the  educational  interests  of  our  country  have  experienced,  more  or 
less,  the  baneful  influences  of  the  same  disturbing  cause.  And 
while  some  of  the  literary  institutions  of  the  east  have  been  very 
much  reduced  in  the  number  of  students,  and  others  forced  tempo- 
rarily to  suspend,  we  think  we  have  cause  for  mutual  congratula- 
tion  in  the  fact  that  the  Iowa  State  UNmsEsrrY,  in  the  meantime, 
has  not  only  maintained  its  own,  but  has  made  a  bold  advance  in 
the  race  of  prosperity  and  usefulness.  The  number  of  students 
flocking  to  her  halls  for  instruction  and  discipline,  has  increased 
over  seventy  per  cent.,  while  her  finances  have  also  improved  in 
nearly  the  same  ratio.  The  caiise  of  this  unexpected  prosperity,  it 
is  believed,  arises,  in  part,  from  a  more  just  and  general  appreciation 
of  the  superior  advantages  which  this  institution  affords  the  youth 
of  our  State  who  are  disposed  to  avail  themselves  of  its  discipline ; 
and  in  part,  also,  from  the  enei^tic  labors  of  a  harmonious  and 
working  Faculty. 

CHANGES  IN  THE  FACULTY. 

Since  our  last  Beport,  some  changes  have  occurred  in  the  eon- 
straction  of  the  Faculty.    In  1863,  Eev.  O.  M.  Spencer,  D.  D., 
who  had  hitherto  occupied  the  Chair  of  Professor  of  Chemistry 
11 


78  UMVBRSITT    RBPOBT* 

and  Nataral  Philosophy,  was  elevated  to  the  position  of  President, 
vioe  Rev.  Silas  Totten,  D.  D.,  resigned.  In  the  summer  of  1863, 
the  Chair  of  Ancient  Languages  was  made  vacant  by  the  removal  of 
Rev.  James  Lillie,  D.  D.,  and  Rev.  Joseph  Roberts,  L.  L.  D.,  of 
Burlington,  Iowa,  was  elected  to  fill  the  vacancy.  And  at  the  same 
session,  Gustavus  Hinrichs,  Esq.,  was  elected  Professor  of  Modern 
Languages;  Charles  Borland,  A.  B.,  Tutor,  and  Mr.  O.  C.  Isbell 
teacher  of  vocal  and  instrumental  music.  Subsequently,  at  the 
opening  of  the  present  session,  such  was  the  unexpected  increase 
in  the  number  of  students,  that  it  was  found  necessary  to  elect  sev- 
eral assistant  teachers,  and  Misses  Louisa  Brainard  and  Lizzie 
Moore  were  elected  as  such  assistants. 

DIVISION  OF  THB  COLLBGIA.TE  YBAR 

On  the  recommendation  of  the  Faculty,  a  change  was  made  in 
the  division  of  the  Colle^ate  Year.  Under  tlie  former  system 
the  year  was  divided  into  two  terms  of  twenty  weeks  each  ;  under 
the  new,  the  year  is  divided  into  three  tenns  of  about  thirteen  weeks 
each.  It  was  suggested  that  long  terms  of  study  without  relaxa- 
tion, were  more  liable  to  impair  the  health  of  students,  and  besides 
the  present  division  conforms  more  to  the  practice  of  other  Col- 
leges and  Universities.  By  the  present  ari*angement,  three-fourtlis 
of  the  year  is  devoted  to  study,  while  the  remaining  fourth  is  given 
to  vacation  ;  and  the  year  is  so  divided  that  the  first  vacation  of 
two  weeks  includes  the  holidays — ^the  second  vacation  of  one  week 
occurs  in  the  Spring  of  the  year,  while  the  long  vacation  of  ten 
weeks  occurs  in  the  months  of  July,  August  and  part  of  Septem- 
ber, when  the  heat  of  Summer  unfits  for  study,  and  when  the 
services  of  the  sons  and  daughters  of  our  farming  population  can 
be  most  profitably  employed  at  home. 

COMPLBTIOK  OF  THE  SECOND  STORY  OF  THE  BOARDING  HALL, 

The  eontinually  increaaiiig  imnib^  of  stodents  has  tMseasioned 
an  increased  demand  for  room.  Accordingly  at  its  last  sesBion, 
the  Board  made  an  appropriation  for  the  completion  of  the  second 
story  of  the  building  known  as  the  "  Boarding  Hall.  "  The  plan 
Qltimately  adopted  was  to  ftnieh  the  eouth-half  of  the  second  dtory 
into  one  large  school-^room^  designed  fbr  the  aeootnmodation  of  the 
y<mng  ladies.    This  room  is  row  nearly  completed,  and  will  be  ready 


UMVBaBITT   BXPOKT.  f  ^ 

for  ooeupation  at  th«  (^peaing  of  the  next  term.  The  capacity  of 
this  room  i%  believed  to  be  raffieieiit  to  aoeommodate  with  aeata, 
one  hundred  young  ladiefk  The  north  half  of  the  same  etoiy  is  di- 
vided into  three  rooma,  tlie  two  larger  designed  for  recitation  rooms. 
These  rooms  are  also  completed  and  ready  for  occupancy  ;  and 
from  the  want  of  better  accommodations,  it  was  found  necessary 
that  they  should  be  used  temporarily  by  the  Literary  Sodeties  of 
the  University,  conjointly  with  recitation  purposes.  What  is  im- 
peratively needed,  is  two  large  suitable  rooms  devoted  exduaively 
to  the  uses  of  the  Literary  Societies,  which  already  are,  and  with 
the  advance  of  time  will  prove  still  more  important  adjuncts  and 
helps  to  the  University.  Policy,  as  well  as  other  considarationa, 
dictates  that  we  should  foster  and  encourage  these  Societies,  and 
such  rooms  as  suggested  are  quite  essential  for  the  purpose  of  ac- 
cumulating libraries,  for  debate  and  other  rhetorical  exercises  ; 
and  it  is  hoped  that  ere  long  this  demand  will  be  met  by  the  ciom- 
pletion  of  the  third  stcHy  of  this  same  building,  and  donating  the 
rooms  when  finished,  to  said  Societies. 

This  job  was  let  to  such  oo^tractors  as  were  the  lowest  reajponsi- 
ble  bidders,  and  cost  about  $1,500.00. 

GYMNASTICS. 

The  Board  at  its  last  Session  appropriated  $500.00  for  Gymnas- 
tic training  and  discipline,  to  be  expended  under  the  direction  and 
supervision  of  the  President  of  the  University.  And  in  oompli- 
ance  with  such  resolution.  President  Spencer  engaged  the  services 
of  E.  K.  White,  a  professional  gymnast,  who,  we  regret  to  say, 
was  somewhat  cramped  in  imparting  the  requisite  instruofcioB,  for 
the  want  of  a  suitable  room.  A  hall  disconnected  from  the  Uni- 
versity was  finally  rented,  which,  however,  but  indifferently  sub- 
served  the  purposes  of  gymnastic  discipline.  It  is  indeed  surpri- 
sing  to  see  with  what  alacrity  and  spirit  the  students  of  either  sex 
engage  in  these  exercises,  which  are  so  varied  as  to  become  not 
only  attractive,  but  highly  conducive  to  health ;  and  it  is  bdieved 
that  no  appropriation  has  been  more  judiciously  made  or  more  ben- 
eficially expended. 

MILITARY. 

Five  Hundred  Dollars  were  also  appropriated  to  promote  Jfili- 


go  I7NIVEKSITT  BBPOBT. 

iary  training  and  education.  For  want  of  a  suitable  room  and 
person  to  give  efficiency  to  this  department,  the  appropriation  re- 
mains up  to  the  present  time  uinezpended. 

We  understand,  however,  that  the  Faculty,  acting  under  the  in- 
structions of  the  Board  of  Trustees,  have  employed  a  competent 
person  to  give  instruction  in  MiHtary  driU  during  the  winter  ses- 
sion.  Also  that  two  hundred  stand  of  arms,  with  accoutrements, 
have  just  been  received  to  advance  the  same  object. 

Some  changes  were  made  last  September  in  the  compensation  of 
Teachers  and  Professors.  The  year  previous,  a  reduction  was 
made  in  their  salaries,  but  in  view  of  the  increased  cost  of  living, 
it  was  thought  best  to  restore  them  to  the  old  figure.  Accordingly 
the  President's  salary  was  raised  from  $1200.00  to  $1500.00,  aad 
each  of  the  Professors  from  $1000.00  to  $1150.00. 

SALARIES  OF  PROFESSORS,  &0. 

The  amount  expended  per  annum  for  instruction,  as  arranged  at 
present,  is  as  follows : 

President, $1,600  GO 

Four  Professors,  each  $1,150.00, 4,600  OO 

Professor  of  modem  languages, 800  00 

Tutor, 600  OO 

Assistant  Teacher  in  Normal  Department, 600  00 

Teacher  of  Model  School, 850  00 

Professor  of  Gymnastics, 600  00 

Professor  of  MiUtary  Drill, 600  OO 

Ph)fessor  of  Vocal  and  Ins't.  Music,  (besides  fees,) ....  150  00 

Assistant  Teacher,  (Miss  Brainard,) 300  00 

I           «        (Miss  Moore,) 300  00 

$10,000  00 
To  which  may  be  added  as  current  expenses  by  salary: 

Secretary  of  the  Board  and  Librarian, $150  00 

Janitor, 240  00 

Treasurer,  two  per  cent,  on  all  moneys  collected, 

amounting  last  year  to  about, 600  00 

$990  00—    990  00 

$10,990  00 


UNIVERSITY    REPORT.  81 

Expenses  for  fuel,  repairs,  improvement  of  gromids,  &c.,  are  too 
indefinite  for  any  very  correct  estimate. 

STATISTICS. 

Whole  number  of  StixdentQ^  preeerU  term^ 360 

Number  of  ladies, 216 

Number  of  gentlemen, 144 

Number  of  Students  outside  of  Johnson  County, 213 

Number  of  Students  outside  of  Iowa  City, 289 

Number  of  Counties  represented  in  University, 39 

Number  of  States  represented,  to-wit:  Maryland,  New  York, 
Pennsylvania,  Ohio,  Indiana,  Illinois,  Missouri,  Wiscon- 
sin, Massachusetts  and  Iowa, 10 

Average  age  of  Students, 18 

For  similar  statistics,  during  the  year  1862,  and  parts  of  years 
1861  and  1863,  reference  is  made  to  the  published  Catalogues 
hereto  appended. 

RECEIPTS. 
The  following  exhibit  of  receipts  and  expenditures,  during  a 
part  of  the  year  1862  and  a  part  of  1863,  up  to  June  15th,  1863, 
appears  from  the  Treasurer's  Eeport : 

R£0£IPT8  FROM  THB   SALINE  FUND. 

Principal, $8,100  16 

Interest, .      3,127  39 


Total, $6,227  66 

RECEIPTS  FROM   UNIVERSITY   FUND. 

Principal, $10,509  47 

Interest, 12,640  60 


Total, 23,149  97 

Total  receipts  from  both  sources, $29,377  62 

EXPENDITURES  AND  LOANS. 
Loaned  from  principal  of  University  Fund,  $10,625  00 
Paid  out  from  interest  of  University  Fund,   13,348  40 
Paid  out  from  Saline  Fund, 765  73 

Total, $24,789  18 

Balance  in  hands  of  Treasurer, $4,637  39 


g2  UKIVUMITT    REPORT. 

Amount  of  Tuition  fees  for  1861-2, $1,300  00 

Amount  of  Tuition  fees  for  1882-8, 2,020  00 

Excess  over  last  year, $720  00 

There  have  also  been  some  receipts  arising  from  the  rent  of  ^ev- 
^al  buildings  belonging  to  the  University,  but  the  amount  is  small 
und  varying  from  time  to  time. 

The  tuition  fees  for  1868  and  1864,  it  is  believed,  will  consider- 
ably exceed  those  of  any  previous  year,  inasmuch  as  the  number 
of  Students  at  the  present  time  is  largely  increased;  though  the 
great  number  of  Students  from  the  several  Counties  of  the  State, 
who  avail  themselves  of  the  gratuitous  instruction  offered,  must 
necessarily  diminish  the  aggregate  amount  of  tuition  provided  all 
were  charged. 

For  the  desired  facts  in  regard  to  the  original  gra/n^  constituting 
in  the  main  the  University  Fund ;  also  for  similar  statistics  in  re- 
gard to  the  Saline  Fwnd^  as  well  as  to  the  manner  in  which  both 
these  Funds  are  invested,  reference  is  made  to  the  report  of  the 
Board  of  Trustees  to  your  honorable  body  two  years  ago. 

RECOMMENDATIONS. 

IsT.  The  State  of  Iowa  now  is,  and  must  continue  to  be,  largely 
interested  in  Agricultural  pursuits ;  hence,  whatever  tends  to  ad- 
vance that  department  of  industry,  it  is  apprehended,  must  meet 
with  general  favor.  We  would,  therefore,  respectftiUy  recommend 
that  there  be  established  in  connection  with  the  University,  an 
Agrieultwral  Department^  and  that  the  appropriation  of  lands  re- 
cently made  by  the  General  Goverement  to  the  State  of  Iowa,  for 
an  Agricultural  College,  be  applied,  in  whole  or  in  part,  to  this 
purpose.  Such  an  application  of  this  generous  grant  from  the 
Government,  it  is  believed,  would  not  only  inure  to  the  benefit  of 
the  University,  but  would  also  meet  the  approbation  of  a  people  so 
largely  engaged  in  agricultural  pursuits. 

2d.  Experience  has  taught,  that  one  thing  n^ore  is  absolutely 
essential.  The  Iowa  State  University  needs,  and  must  have,  an 
additional  building ^  if  we  desire  to  carry  out  in  good  faith  the  de- 
sign of  its  founders,  gratify  the  friends  of  sound  learning,  and  at 
the  sione  time  accommodate  with  room  the  multitude  of  students 
who  flock  hither  to  share  its  advantages  and  honors.  Three  hun- 
dred and  sixty  students  require  room,  and  the  Faculty,  during  the 


UNIVERfllTT    REPORT.  gg 

present  term,  has  experienced  great  inconvenience  and  mortifica 
tion  from  the  lack  of  scope.    The  policy  adopted  has  been  to  allow 
the  students  to  seek  for  themselves,  as  best  they  may,  among  the 
private  families  of  the  city,  board  and  study  rooms,  but  recitation 
and  lecture  rooms  must  be  provided — as  also  library  and  society 
rooms — and  rooms  for  chemical  and  philosophical  apparatus,  &c. 
&c.    The  Board,  therefore,  is  unanimous  in  earnestly  recommend- 
ing that  the  Legislature,  at  its  present  session,  make  an  appropri- 
ation of  $20,000  or  $25,000,  to  be  applied,  under  the  direction  of 
a  judicious  committee,  to  the  erection  of  such  buildings, — on  the 
University  Square, — ^the  main  part  of  which  shall  be  used  for  a 
chapel,  and  the  basement  divided  up  into  lecture-rooms,  and  such 
other  purposes  as  the  necessities  of  the  University  might  demand. 
The  University  now  has  but  two  buildings — ^the  old  State  House, 
remodeled  for  University  uses,  and  a  three-story  brick  building 
with  stone  basement,  originally  intended  as  a  "  Boarding  Hall ;'' 
but  with  a  change  of  policy,  now  occupied  for  other  purposes. 
These  buildings  do  very  well,  as  far  as  they  go ;    but  they  do  not 
supply  an  imperative  need.     Every  University  requires  one  large 
room  or  chapel,  sufficiently  capacious  to  seat  every  student  con- 
nected therewith.     Each  morning  all  the  students  of  the  Univer- 
sity are  required  to  meet  in  the  chapel,  for  devotional  exercise. 
On  the  Sabbath,  also,  they  are  required  to  meet  once  for  religious 
worship,  the  services  of  which  are  conducted  by  some  member  of 
the  Faculty.     Other  occasions  likewise  occur,  when  the  presence 
of  every  student  is  demanded.     The  present  chapel,  with  difficulty, 
seats  330  of  the  360  students  now  in  attendance,  and  should  the 
number  increase  fifty  or  a  hundred,  (as  it  unquestionably  soon 
will,)  it  will  be  quite  impossible  to  collect  and  seat  all  the  students 
in   any  one  room  belonging  to  the  University.     The  campus  is 
ample  and  beautiful — a  most  desirable  site  for  the  erection  of  such 
a  building  as  contemplated  is  at  hand.     It  might  also  be  construct- 
ed with  reference  to  a  tower  and  observatory,  which,  with  the  con- 
tinned  growth  and  development  of  our  State,  will  at  some  period 
in  the  not  distant  future,  be  needed. 

A  general  plan  for  such  a  building  as  recommended,  drawn  up 
and  prepared  under  the  supervision  of  the  Faculty,  is  herewith 
presented  for  your  consideration. 

All  of  which  is  most  respectftilly  submitted. 
Iowa  City,  Dec.  9, 1863. 


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11 


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12 


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17 


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19 


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APPENDIX. 


59 


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75 


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125 


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APPBNDIX. 


127 


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12» 


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131 


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APPENDIX. 


285 


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189 


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229 


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287 


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240 


APFfiKDIX. 


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241 


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24S 


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APPENDIX. 


261 


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A.moant  of 

Teach'rs'  Fond 

in  hands  of 

District 
TretsDrer. 

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102  93 

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237  20 
230  00 
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amoant  paid 
Teachers    dnr 
ing  the  year. 

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of  Toitiou  per 
week  for  each 
pnpil. 

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• 

Aggropaie 

No.  of  days 

the  Schools  of 

the  Dist.  have 

hoon  tJQght. 

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Eldorado, 

5-2 

Big  Grove, 

Jackson, 

252 


APPENDIX. 


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08 


APPENDIX. 


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