Morrison Waite

“ The single question presented is whether the lands passed under the railroad or the swamp-land grant. That the swamp-land act of 1850 operated as a grant in proesenti to the states then in existence of all the swamp lands in their respective jurisdictions is well settled. Railroad Co. v. Smith, 9 Wall. 95; French v. Fyan, 93 U.S. 171; Martin v. Marks, 97 U.S. 345. As Minnesota was a territory in 1850, it is conceded that the title to the swamp lands within its territorial limits did not pass out of the United States at that time, because there was then no grantee in existence. ”

“ It was to take effect at once, between an existing grantor and several separate existing grantees. There were, undoubtedly, at that time lands 'wet and unfit for cultivation' in the territories as well as in the states. ”

“ Donations of the public domain for any purpose are never to be presumed. Those who claim against the government under legislative grants must show a clear title. The grant under the act of 1850 was to Arkansas and 'the other states of the Union.' Arkansas was an existing state, and the grant was to all the states in prasenti. ”