urther
proposition that no title to these lands could prior to said
Congressional action be gained by settlers, for the reason that it had
been withdrawn and reserved from entry and sale under the general land
laws. It seems to be perfectly well settled also, if an adjudication was
necessary upon that question, that all interest of the United States in
these lands was entirely and completely granted by the resolution of
1861 and the act of 1862.

The act of 1862 provides for the setting apart of other lands in lieu of
such as were covered by the act, but had been before its passage sold
and disposed of by the United States, excepting such as had been
released to the State of Iowa under the joint resolution of 1861.

It is claimed, I believe, that in a settlement of land grants thereafter
had between the United States and the State of Iowa lands were allowed
to the State in lieu or indemnity for some of the lands which it had
conveyed to the Des Moines Navigation and Railroad Company. But if the
title of the company is valid to lands along the river and above the
Raccoon Fork, under the deed from Iowa and the joint resolution and act
of Congress, it can not be in the least affected by the fact that the
State afterwards, justly or unjustly, received other lands as indemnity.

The bill under consideration provides that all the lands "improperly
certified to Iowa" under the grant of 1846, as referred to in the joint
resolution of 1861, and for which indemnity lands were selected and
received by the State, as provided in the act of 1862, "are, and are
hereby, declared to be public lands of the United States."

The claims of persons and their heirs who, with intent in good faith to
obtain title under the preemption and homestead laws of the United
States, have entered and remained upon any tract of said land prior to
1880 are confirmed and made valid to them and their heirs, not exceeding
160 acres; and upon due proof and payment of the usual price or fees it
is directed that such claims shall be carried to patent.

It is further provided that the claims of settlers and claimants which
do not come in conflict with the claims of the parties above mentioned
are confirmed and made valid. By the second section of the bill it is
made the duty of the Attorney-General, as soon as practicable, and
within three years after the passage of the act, to institute legal
proceedings to assert and protect the title of the United States t