A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
Presidents -- United States; Tyler, John, 1790-1862; United States -- History -- Sources; United States -- Politics and government
And here it is to be remarked that the Government of the United States
is two-fold--that of the individual States and that of the Federal
Union. It would be possible, therefore, that all right of property in
unseated lands within a State's jurisdiction might be in the General
Government, and this is in fact the case in all the new States. Even had
Massachusetts divested herself of the title (which she has not) the
treaty of 1783 would have vested it in the Confederation. She had at
least a color of title, under which the Confederation claimed to the
boundaries of Nova Scotia on the east and to the southern limits of the
Province of Quebec on the north, and this claim was allowed by Great
Britain in the treaty of 1783 in terms which are at least admitted to be
identical in meaning with those of the proclamation creating the latter
Province.[51]
[Footnote 51: Report of Messrs. Featherstonhaugh and Mudge, p. 6.]
To illustrate the subject further:
Of the seventeen British colonies in North America, thirteen succeeded
in asserting their independence; the two Floridas were conquered and
ceded to Spain; while of her magnificent American domain only Quebec and
Nova Scotia were left to Great Britain. The thirteen colonies, now
independent States, claimed all that part of the continent to the
eastward of the Mississippi and north of the bounds of Florida which was
not contained within the limits of the last-named colonies, and this
claim was fully admitted by the boundary agreed to in the treaty of
1783. Within the limits thus assigned it was well known that there were
conflicting claims to parts which had more than once been covered by
royal charters; it was even possible that there were portions of the
wide territory the right to which was asserted by the United States and
admitted by Great Britain that had not been covered by any royal grant;
but the jurisdiction in respect to disputed rights and the title to land
not conveyed forever ceased to be in the British Crown--first by a
successful assertion of independence in arms, and finally by the
positive terms of a solemn treaty.
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