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Acres.

6,061, 64 197,052, 67

275.77 21, 461. 69 79,976.00 985, 339.08 13, 045. 13

9, 178.05 92,910.22 1, 341.26 9, 347.78

7.32

54. 70 830, 956. 64

66, 366. 60 218, 086, 51 22, 195. 33

4,577. 86 125, 599. 47 25, 446.00

1, 046. 10 210, 254. 64 2, 920, 580.68

CHAPTER XVIII.

STATE SELECTIONS.

September 4, 1841, Congress granted, by the eighth section of the “State selection act,” to each State named, and “to each new State that shall hereafter be admitted into the Union,” 500,000 acres of public lands for internal improvements, which included the quantity that was granted to such State before its admission, and while under a Territorial government, for such purpose. (See U. S. Statutes at Large, and Regulations of the General Land Office, for method and details of selection and patenting.)

The selections under this act have amounted to 7,806,554.67 acres, most of which have been patented to the several States, viz:

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Illinois and Alabama received part of the 500,000 acres under previous grants.
Ohio and Indiana received their quotas for internal improvement prior to the act of September 4, 1841

255

CHAPTER XIX.

DISTRIBUTION ACT OF SEPTEMBER 4, 1841.

DISTRIBUTION OF THE NET PROCEEDS OF THE MONEYS ARISING FROM THE SALES

OF PUBLIC LANDS IN THE SEVERAL PUBLIC LAND STATES AND TERRITORIES.

The act of September 4, 1841, provided that after deducting 10 per cent. of the net proceeds of the sales of public lands within the States of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, Louisiana, Arkansas, and Michigan, all the net proceeds of the sales of public lands in all the States, subsequent to December 31, 1841, were to be divided pro rata among the twenty-six States and the Territories of Wisconsin, Iowa, and Florida, and the District of Columbia, according to their respective Federal population, as ascertained by the census of 1840.

Statement of the amount allowed and paid to the States of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, Louisiana, Arkansas, and Michigan under the distribution act of September 4, 1841.

Ohio...... Indiana.... Illinois. ... Alabama Missouri Mississippi Louisiana Arkansas Michiga

$61, 046 33

30, 278 13 50, 563 10 25, 125 23 23, 246 55 14, 088 14 14, 168 99 5,012 16 9,729 57

Total..

233, 258 20

256

CHAPTER 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 bin (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 ont, 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 Illinoismas 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 Capal from Dayton to Lake Erie. 17 L 0-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 yeans, anci upon failure to comply with thes4 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, 18:27, 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 2,014,016 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 rail. road.)

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.

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47 236

416

Indiana...

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Ohio.....

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234, 246.73

29, 552. 50 259, 368, 48

24, 219.83 796, 630. 19 113, 348. 33 266, 535, 00 333, 826.00 500,000.00 290, 915.00 125, 431.00

305 393

Do. (sec Illinoiy.....

Do
Wisconsin..

Do
Do.

Mar. 26, 1824
Mar. 2, 1827
May 29, 1830
Feb. 27, 1841
Aug. 29, 1842
Mar. 3, 1845
May 9, 1848
Mar. 2, 1827
June 30, 1831,
May 24, 1828
Apr. 3, 1830
May 24, 1828 4
Mar. 2, 1827 4
Aug. 3, 1854 10
June 18, 1838 5
Apr. 10, 1866 14
Mar. 1, 1872 10
Mar. 7, 1874 18
Aug. 26, 1852 10
Mar. 3, 1865
July 3, 1866 14
July 6, 1866' 14

414 Wabash and Erie Canal....
542
731
219
236
716

{Wabash and Erie Canal...........

Miami and Dayton...........
300 General canal purposes..
234 5 Canal to connect the waters of the Illinois
344 River with those of Lake Michigan.
245 Milwaukee and Rock River Canal....
39 Breakwater and Harbor Ship Canal......
32 Act extending the time for completion of

canal to April 10, 1874 ....
Act extending the time for completion of
1 canal to April 10, 1876......

Saint Mary's Ship Canal
519 | Portage Lake and Lake Superior Ship Cana!

......do....
Lac La Belle Ship Canal..........

200,000.00

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750,000.00 200,000.00 200,000.00 100,000.00

81

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RECAPITULATION.
Indiana
Ohio
Mlinois...
Wisconsin ..
Michigan ..........

Total quantity granted and certified for canal

1, 457, 366.06 1, 100.361,00

290, 915, 00

325, 431.00 1,250,000.00 4,424, 073.06

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