GROVER CLEVELAND.

EXECUTIVE MANSION, _March 11, 1886_.

_To the Senate of the United States_:

I return herewith without approval, and with a statement of my

objections thereto, Senate bill No. 150, entitled "An act to quiet title

of settlers on the Des Moines River lands in the State of Iowa, and for

other purposes."

This proposed legislation grows out of a grant of land made to the

Territory of Iowa in the year 1846 to aid in the improvement of the

navigation of the Des Moines River.

The language of this grant was such that it gave rise to conflicting

decisions on the part of the Government Departments as to its extent,

and it was not until 1860 that this question was authoritatively and

finally settled by the Supreme Court of the United States. Its decision

diminished the extent of the grant to a quantity much less than had been

insisted on by certain interested parties and rendered invalid the

titles of parties who held, under the Territory or State of Iowa, lands

beyond the limit of the grant fixed by the decision of the court.

For the purpose of validating such titles and to settle all disputes so

far as the General Government was concerned, the Congress, in the year

1861, by a joint resolution, transferred to the State of Iowa all the

title then retained by the United States to the lands within the larger

limits which had been claimed, and then held by _bona fide_

purchasers from the State; and in 1862 an act of Congress was passed for

the same general purpose.

Without detailing the exact language of this resolution and statute, it

certainly seems to be such a transfer and relinquishment of all

interests in the land mentioned on the part of the United States as to

relieve the Government from any further concern therein.

The questions unfortunately growing out of this grant and the

legislation relating thereto have been passed upon by the United States

Supreme Court in numerous cases, and as late as 1883 that court,

referring to its many previous decisions, adjudged that "the act of 1862

(12 U.S. Statutes at Large, ch. 161, p. 543) transferred the title from

the United States and vested it in the State of Iowa for the use of its

grantees under the river grant."

Bills similar to this have been before Congress for a number of years

and have failed of passage; and at least on one occasion the Committee

on the Judiciary of the Senate reported adversely upon a measure

covering the same ground.

I have carefully examined the legislation upon the subject of this

grant, and studied the decisions of the court upon the numerous and

complicated questions which have arisen from such legislation, and the

positions of the parties claiming an interest in the land covered by

said grant, and I can not but think that every possible question that

can be raised, or at least that ought to be raised, in any suit relating

to these lands has been determined by the highest judicial authority in

the land; and if any substantial point remains yet unsettled, I believe

there is no difficulty in presenting it to the proper tribunal.

This bill declares that certain lands which nearly twenty-four years ago

the United States entirely relinquished are still public lands, and

directs the Attorney-General to begin suits to assert and protect the

title of the United States in such lands.

If it be true that these are public lands, the declaration that they are

so by enactment is entirely unnecessary; and if they are wrongfully

withheld from the Government, the duty and authority of the

Attorney-General are not aided by the proposed legislation. If they are

not public lands because the United States have conveyed them to others,

the bill is subject to grave objections as an attempt to destroy vested

rights and disturb interests which have long since become fixed.

If a law of Congress could, in the manner contemplated by the bill,

change, under the Constitution, the existing rights of any of the

parties claiming interests in these lands, it hardly seems that any new

questions could be presented to the courts which would do more than

raise false hopes and renew useless and bitter strife and litigation.

It seems to me that all controversies which can hereafter arise between

those claiming these lands have been fairly remitted to the State of

Iowa, and that there they can be properly and safely left; and the

Government, through its Attorney-General, should not be called upon to

litigate the rights of private parties.

It is not pleasant to contemplate loss threatened to any party acting

in good faith, caused by uncertainty in the language of laws or their

conflicting interpretation; and if there are persons occupying these

lands who labor under such disabilities as prevent them from appealing

to the courts for a redress of their wrongs, a plain statute, directed

simply to a remedy for such disabilities, would not be objectionable.

Should there be meritorious cases of hardship and loss, caused by an

invitation on the part of the Government to settle upon lands apparently

public, but to which no right or lawful possession can be secured, it

would be better, rather than to attempt a disturbance of titles already

settled, to ascertain such losses and do equity by compensating the

proper parties through an appropriation for that purpose.

A law to accomplish this very object was passed by Congress in the year

1873.

Valuable proof is thus furnished, by the only law ever passed upon the

subject, of the manner in which it was thought proper by the Congress

at that time to meet the difficulties suggested by the bill now under

consideration.

Notwithstanding the fact that there may be parties in the occupancy

of these lands who suffer hardship by the application of strict legal

principles to their claims, safety lies in noninterference by Congress

with matters which should be left to judicial cognizance; and I am

unwilling to concur in legislation which, if not an encroachment upon

judicial power, trenches so closely thereon as to be of doubtful

expediency, and which at the same time increases the elements of

litigation that have heretofore existed and endangers vested rights.

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