Harper's Encyclopedia of United States History
Benson Lossing, Ed.

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Internal improvements.

Millions of acres of the public lands of the United States have been granted to aid in the construction of roads, canals, and railways; and also for educational and other purposes. The first acts of Congress for the purpose of internal improvements were two for the new State of Ohio, which became laws on April 30, 1802, and March 3, 1803, respectively. Previous to that there had been donations of land in favor [55]

Table showing interest laws and statutes of limitations.

States and Territories.	Interest Laws.		Statutes of Limitations.			States and Territories.	Interest Laws.		Statutes of Limitations.
	Legal Rate	Rate Allowed by Contract.	Judgments, Years.	Notes, Years.	Open Accounts, Years.		Legal Rate	Rate Allowed by Contract.	Judgments, Years.	Notes, Years.	Open Accounts, Years.
	Per ct.	Per ct.					Per ct.	Per ct.
Alabama	8	8	20	61	3	Nebraska	7	10	52	5	4
Arkansas	6	10	10	5	3	Nevada	7	Any rate.	6	6	4
Arizona	7	Any rate.	5	5	3	New Hampshire	6	6	20	6	6
California	7	Any rate.	5	43	2 New Jersey	6	6	20	6	6
Colorado	8	Any rate.	104	6	6	New Mexico	6	12	7	6	4
Connecticut	6	5	6	7	6	New York	6	68	209	6	610
Delaware	6	6	20	611	3	North Carolina	6	6	10	312	3
Dist. of Columbia.	6	10	12	3	3	North Dakota	7	12	10	6	613
Florida	8	10	20	5	2	Ohio	6	8	514	15	6
Georgia	7	8	7	6	4	Oklahoma	7	12	515	5	3
Idaho	7	12	6	5	4	Oregon	6	10	10	6	6
Illinois	5	7	20	10	5	Pennsylvania	6	6	516	617	6
Indiana	6	8	20	10	6	Rhode Island	618	Any rate.	20	6	6
Iowa	6	8	2019	10	5	South Carolina	7	8	10	6	6
Kansas	6	10	5	5	3	South Dakota	7	12	1020	6	6
Kentucky	6	6	15	15	521	Tennessee	6	Any rate.	10	6	6
Louisiana	5	8	10	5	3	Texas	6	10	1022	4	2
Maine	6	Any rate.	20	623	624	Utah	8	Any rate.	8	6	4
Maryland	6	6	12	3	3	Vermont	6	6	8	6	625
Massachusetts	6	Any rate.	20	6	6	Virginia	6	6	20	526	227
Michigan	5	7	628	6	629	Washington	7	12	6	6	3
Minnesota	6	10	10	6	6	West Virginia	6	6	10	10	3
Mississippi	6	10	7	6	3	Wisconsin	6	10	2030	6	6
Missouri	6	8	10	10	5	Wyoming	8	12	531	5	8
Montana	10	Any rate.	1032	8	3

of various deserving persons. The grants to the inhabitants of Ohio were for the purpose of laying out public roads leading to the Ohio River. Other grants were made from time to time for improvements in the Northwest until 1824, when (May 26) Congress authorized the State of Indiana to construct a canal, giving the right of way, with 90 feet of land on each side thereof. Nothing was done under the act; but in 1827 (March 2) two acts were passed, giving to Indiana and Illinois, respectively, certain lands in aid of the construction of canals, the first to connect the navigation of the Wabash River with the waters of Lake Erie, and the second to connect the waters of the Illinois River with those of Lake Michigan. A quantity of land equal to onehalf of five sections in width, on each side of the canals, was granted, reserving to the United States each alternate section. It was not an absolute grant of land in fee, for, under certain restrictions, the States had a right to sell the awards, and from the proceeds they were to repay the government. On the same day (March, 1827) there was granted to Indiana a certain strip of land formerly held by the Pottawattomie Indians, the proceeds of the sale thereof to be applied to building a road front Lake Michigan, via Indianapolis, to some convenient point on the Ohio River. March 3, 1827, a grant was made to Ohio of two sections of land along the entire line of a road to be constructed from Sandusky to Columbus.

May 23, 1828, a grant of 400,000 acres of the “relinquished lands” in certain counties in Alabama was made in aid of the improvement of the Tennessee and other rivers in that State. In this grant was the first provision for indemnity in case the grant was not full by reason of prior sales or disposals by the government. Similar grants were made from time to time for like purposes. March 2, 1833, the State of Illinois was authorized to apply the lands granted by the act of March 2, 1827, for canal purposes to the construction of a railway instead. This [56] was the first act looking to the construction of a railway through the assistance of land donations. The railroad system was then in its infancy. The State did not avail itself of the privilege, but subsequently built a canal. March 2, 1835, a grant was made to aid the construction of a railway in Florida. Sufficient was given for the way—30 feet of land on each side—and the right to take

Government toll-gate on the Cumberland road.

and use the timber for 100 yards on each side for the construction and repairs of the road. This was the first grant of the right of way for a railroad, the previous grant having been for a canal. July 2, 1836, an act granted the right of way through such portions of the public lands as remained unsold—not to exceed 80 feet in width—to the New Orleans and Nashville Railroad Company. This road was never completed. Next came a grant to East Florida and other railroads which were never constructed. March 3, 1837, a grant was made to the Atchafalaya Railroad and Banking Company, in Louisiana, similar to that to the New Orleans and Nashville Railroad. Aug. 8, 1846, an act granted lands in aid of improvements of the Des Moines River, in Iowa, and the Fox and Wisconsin [57] rivers, in Wisconsin. These rivers, when improved, were to remain highways for the United States government forever, free from toll.

The grant to the then Territory of Iowa for the improvement of the Des Moines River led to long discussions as to the extent of the grant, and to many legal decisions. Finally, on March 22, 1858, the consent of Congress was given to apply a portion of the grant to the construction of a railway. The rivers were not improved, but the railway was constructed—the Keokuk, Fort Des Moines, and Minnesota Railroad. Sept. 20, 1850, a grant was made to the State of Illinois of every alternate section of land, designated by even numbers, for six sections in width, on each side of a railroad and branches thereof. This road, which was built, is known as the Illinois Central. Although this was not the first concession of land to a railway corporation, it granted specific sections instead of onehalf of a certain number of sections, and may be considered the initiatory measure of the system since adopted in making grants in favor of railways. On June 10, 1852, a donation was made to the State of Missouri for the construction of certain railroads therein, afterwards known as the Hannibal and St. Joseph, and the Misouri Pacific, south branch. This grant was similar in character and extent to that of the Illinois Central. In this, as in the case of the Illinois Central, there was a provision for the reimbursement of the United States for all the land sold. Feb. 9, 1853, an act made a similar grant to Arkansas. June 29, 1854, an act granted aid to Minnesota for constructing a railroad from the southern line of that then Territory, via St. Paul, to its eastern line, in the direction of Lake Superior. For this purpose there were given each alternate section of land, designated by odd numbers, for six sections in width on each side of said road. This act was repealed in August following.

At various times in 1856 grants of land for similar purposes were made to the States of Iowa, Florida, Alabama, Louisiana, Michigan, Wisconsin, and Mississippi. On March 3, 1856, a grant was made to Minnesota. All of these grants made in 1856 and 1857 were similar to that given to Missouri in 1852. July 1, 1862, the Union Pacific Railroad Company was created for the purpose of constructing and maintaining a railroad and telegraph line from the Missouri River to the Pacific Ocean. They were granted the right of way through the public lands to the extent of 200 feet in width on each side of the line of the road, together with the necessary ground for stations, buildings, etc. They were also granted in aid of the construction of the road every alternate section of public land to the amount of five alternate sections a mile on each side of the road, excepting mineral lands and all lands already disposed of or reserved. Several other roads were provided for on the same conditions, which became known as the Central Pacific, Central Branch of the Union Pacific, Kansas Pacific, and Sioux City and Pacific. It was a grant of 10 miles of land on each side of the road. By an act approved July 2, 1864, instead of five, ten sections were granted, making the area 20 miles on each side of these roads. The term mineral land was construed not to mean coal or iron. By the same act a grant of 20 miles of land was made to the Burlington and Missouri River Railroad Company for the construction of a road from the Missouri River to some point not farther west than the one hundredth meridian west longitude, to connect with the Union Pacific road.

March 3, 1864, a grant of land was made to the State of Kansas to assist in constructing railroads within its borders, afterwards known as the Atchison, Topeka, and Santa Fe; Leavenworth, Lawrence, and Galveston; and Missouri, Kansas, and Texas railroads. In May, 1864, similar grants were made to the States of Minnesota, Wisconsin, and Iowa, and others soon followed to Arkansas, Missouri, Alabama, Iowa, Michigan, Minnesota, and Kansas. The North Pacific Railroad Company was created July 1, 1864, with grants similar to those of the Union Pacific, excepting double the extent of land, through the Territories. July 27, 1866, grants were made to the Atlantic and Pacific, and the Southern Pacific, on terms similar to those of the Union Pacific. March 3, 1869, land grants were made to the Denver Pacific Railway; and by act of March 3, 1871, [58] similar grants were made to the Southern Pacific (branch line) and Texas and Pacific. Many of the grants made in the earlier years of the system were enlarged. The aggregate amount of land granted is more than 215,000,000 acres, but the amount made available is not more than 187,000,000 acres. By the aid of these grants over 15,000 miles of railroad have been built. Their benefits have extended to all parts of the country, and cannot be estimated by values. See canals; public domain; railroads.