СНАРТЕER XX. CANAL, WAGON, AND RAILROAD GRANTS. LAND GRANTS FOR PUBLIC IMPROVEMENTS. The granting of subsidies of public lands to aid in constructing canals, wagon, and railroads grew out of the fierce political battles, after the year 1803, on the subject of internal improvements by aid of the National Government. It was contended by the various factions favoring these improvements that the power of Congress to act in such cases was derived from the clause for "common defense and general welfare," or the clause authorizing Congress "to establish post-offices and post-roads," and under the clause to "regulate commerce with foreign nations and among the several States and with the Indian tribes." (See report of John C. Calhoun, Secretary of War under President Monroe; the message of President Monroe favoring internal improvements under the general government, May 4, 1822; veto message of President Monroe of Cumberland road bill, May 4, 1822; veto message of President Jackson of Maysville road bill (Kentucky), May 27, 1830, and same of date December 2, 1834, on Wabash improvement bill in sixth annual message; see also veto message of President Polk upon the river, harbor, and improvement bill; the report of Mr. Calhoun to the Memphis convention upon the improvement of the Western rivers; Mr. Benton's Thirty Years in the United States Senate; Wheeler's Biographical Dictionary of Congress; Williams's Statesman's Manual; Presidents' messages to 1880, and reports of committees of Congress to 1880.) FIRST ACT GRANTING LANDS FOR PUBLIC IMPROVEMENTS-OHIO, 1802. April 30, 1802, Congress made the first appropriation of public lands in favor of public improvements. In the enabling act for the State of Ohio it was provided that one-twentieth part of the net proceeds from the sales of public lands lying in said State and sold by Congress should be given to the State for the purpose of laying out and making public roads from the navigable waters emptying into the Atlantic to the Ohio River-roads to be laid out under authority of Congress with the consent of the several States through which they passed. The act giving Ohio 3 per cent. of the net proceeds of land sales for laying out, opening, and making roads within said State was passed March 3, 1803. CANAL GRANTS, OHIO, INDIANA, AND ILLINOIS. Legislation of like character was passed until after the year 1823. A canal act, with right of way, for Indiana, was passed March 26, 1824. This was not utilized. The act for Indiana, passed March 2, 1827, abrogated the act of 1824, and an act of like date gave to Illinois-as did the act to Indiana-grants of land in aid of the construction of two canals. The Indiana canal, the Wabash and Erie, was to connect the Wabash River with Lake Erie, and the Illinois canal was to connect the waters of the Illinois River with those of Lake Michigan. The act of May 24, 1828, gave to the State of Ohio a grant to aid in the construction of the Miami Canal from Dayton to Lake Erie. 17 L O-VOL III 257 Land equal to two and one-half sections in width on each side of the canal was granted, the United States reserving each alternate section, which reservation then inaugurated has become the rule in land-grants for improvements. When the lines of the canals were established selections of land were to be allowed, and the title in fee at once passed to the States, who were to dispose of the same. The act provided that the construction of the canals should be commenced within five years and completed within twenty years, and upon failure to comply with these conditions the States were to pay the United States the amount received for any lands previously sold. Purchases from the States were protected by the title in fee having passed to the State upon location of the canals. This was equal to a cash advance by the Nation for construction purposes, as the lands were sold by the States and the money thus obtained built the improvements. These acts of March 2, 1827, and May 24, 1828, (with the subsequent legislation thereunder), granting lands to Ohio, Indiana, and Illinois in aid of the construction of the canals named, resulted in the vesting to those States for such purpose of 2,014,816 acres of land; the grant to the Wabash and Erie Canal being, in Indiana 1,457,366.05 acres, in Ohio 266,535 acres, a total of 1,723,901.06 acres; and the Illinois canal, connecting the Illinois River with Lake Michigan, 290,915 acres. (See act of March 2, 1833, which authorized Illinois to use the lands granted for the construction of a railroad.) The total number of grants, beginning in 1824 and ending 1866, and area thereof, viz, 4,424,073.06 acres, made by the United States to the States for canal purposes are shown in the following table: Land concessions by acts of Congress to States for canal purposes from the year 1824 to June 30, 1880. President Monroe: Session of Congress and administration when enacted. 1824. 1st sess., 18th Cong. : Indiana.-March 26: Wabash and Erie Canal (not utilized). President John Quincy Adams: 1827. 2d sess., 19th Cong. : Indiana.-March 2: Wabash and Erie Canal Ohio.-March 2: Wabash and Erie Canal (see act of Illinois.-March 2: Illinois River and Lake Michigan (see act of August 3, 1854). 290, 915.00 1828. 1st sess., 20th Cong.: Ohio.-May 24: Miami and Dayton (see act of April 3, 1830)... 333,826.00 May 24: sec. 5, general canal purposes 500,000.00 Total under President J. Q. Adams... President Jackson: 1830. 1st sess., 21st Cong.: Indiana.-May 29: Wabash and Erie Canal... President Van Buren: 1838. 2d sess., 25th Cong.: Wisconsin.-June 18: Milwaukee and Rock River Canal. 125, 431. 00 1,625, 522.73 .29, 552.50 Michigan.-March 3: Portage Lake and Lake Superior President Johnson: 1866. 1st sess. 39th Cong. : Michigan.-July 3: Portage Lake and Lake Superior Wisconsin.-April 10: Breakwater and harbor ship canal Total under President Johnson..... Grand total.............. 200,000.00 200,000.00 200, 000, 00 500,000.00 TERRITORIAL GRANTS IN AID OF INTERNAL IMPROVEMENTS. 4, 424, 073. 06 The Des Moines River grant of lands to the Territory of Iowa for the purpose of improving the navigation of the Des Moines River from its mouth to the Raccoon Fork, was a peculiar one. (See 9 Stats., p. 77.) The act was approved August 8, 1846, and was the subject of much departmental and judicial construction, running through a long period of years. (See Railroad Company vs. Litchfield (23 Howard, 66), and acts of legislature of Iowa of March 22, 1858, and of Congress July 12, 1862, 12 Stats., p. 543.) This grant was partially merged into the grant in aid of the Keokuk, Fort Des Moines and Minnesota Railroad. The grant to the Territory of Wisconsin took effect upon the admission of Wiscon sin as a State, and was for the improvement of the Fox and Wisconsin rivers, in that State, and to aid in constructing a canal connecting those two rivers. It was approved August 8, 1846, the same day as the lowa grant. In this act was the first provisions for increasing the price of reserved sections of land to double minimum, $2.50 per acre. WAGON ROAD AND MILITARY WAGON-ROAD GRANTS. The Ohio wagon-road grants of money to aid in constructing roads, in 1802 and 1803, and others of like character, gave way to grants of land for wagon-road purposes. March 2, 1827, Indiana was granted a piece of public land (Pottawatomie Indian lands), or the money from the sale thereof, for building a road from Lake Michigan, through Indianapolis, to the Ohio River. March 3, 1827, Ohio was granted one-half of two sections along its line to construct a road from Columbus to Sandusky. Other grants of like character were made. (See statutes of the United States, from 1827.) The following shows the military wagon-road grants of public land made by the United States from 1863 to June 30, 1863: Military wagon-road grants by act of Congress to States or corporations from 1824 to June 30, 1880. President Lincoln: LAND GRANTS FOR RAILROADS. Session of Congress and administration when enacted. 1863. 3d. sess., 37th Cong.: 1864. 1st sess., 38th Cong.: Oregon.-July 2: Oregon Central Military Road-(see acts March 3, 1869, and December 26, 1876)..... Total under President Lincoln... President Johnson: 1866. 1st sess., 39th Cong. : Oregon.-July 4: Corvallis and Aquinna Bay.. Oregon.-July 5: Willamette Valley and Cascade Mount ains 302,930. 36 221, 013. 35 Acres. 361, 327. 43 885, 271.14 76,885.98 107, 893. 01 GRANTS OF PUBLIC LANDS FOR RAILROADS FROM 1850 TO JUNE 30, 1880. THE GRANT TO THE STATE OF ILLINOIS. March 2, 1833, Congress authorized the State of Illinois to divert the canal grant of March 2, 1827, and to construct a railroad with the proceeds of said lands. This was the first Congressional enactment providing for a land grant in aid of a railroad, but was not utilized by the State. The first right of way (30 feet on each side of its line) through the public lands for a railroad, with use of timber within 300 feet on either side and 10 acres at terminus, was granted to a Florida company March 3, 1835. In the right of way to the New Orleans and Nashville Railroad Company granted July 2, 1836, first appears the requirement of filing a description of the route and surveys with the General Land Office. Easements were granted for necessary depots, water stations, and workshops, in blocks of not more than five acres on the line of the road, and adjacent, and at least fifteen miles apart. Material for constructionearth, stone, or timber-might be taken from the public lands. A limitation as to beginning the road within two years and completing the same in eight years, was provided, with a forfeiture of the grant unless construction was carried out as above, Abandonment of the road caused the grant to "cease and determine." The East Florida grant required maps to be filed with the Commissioner of the General Land Office showing the location of the lands, as also did grants for other railroads. The act of September 20, 1850, was the first railroad act of real importance, and initiated the system of grants of land for railroads by Congress which prevailed until after July 1, 1862. This grant gave the State of Illinois alternate sections of land (even-numbered) for six sections in width on either side of the road and branches, being a grant of specific sections. The second section initiated the "indemnity" practice, or the granting of lands to the company in lieu of lands within the original grant occupied by legal settlers at the time of the definite location of the route, to be taken within fifteen miles of the |