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
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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
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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
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
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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,
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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.
