The clause of the constitution above quoted
deals expressly with "lands which have been or may be granted by
Congress to the State," and thus of necessity recognizes its right to
take such grants. This competency in the State as a grantee was all that
was needed to create, under the joint resolution of 1861 and the act of
1862, a complete divestiture of the interests of the United States in
these lands. It must be borne in mind, too, that prior to this time
these lands had been conveyed by the State of Iowa in furtherance of the
purposes of the original Congressional grants, and that the joint
resolution of 1861 and the act of 1862 were really made for the benefit
of those who held under grants from the State. After these grants by the
Government it had no concern with these lands. If in any stage of the
proceedings the general assembly of Iowa was guilty of any neglect of
duty or failed to act in accordance with the constitution of the State
of Iowa, the remedy should be found in the courts of that State; and it
is difficult to see how the situation in this aspect can be changed or
improved by the bill under consideration.
I am not unmindful of the fact that there may be persons who have
suffered or who are threatened with loss through a reliance upon the
erroneous decisions of Government officials as to the extent of the
original grant from the United States to the Territory of Iowa.
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