Government and Administration of the United StatesWilloughby, Westel Woodbury
History
Government and Administration of the United States
Willoughby, Westel Woodbury
United States -- Politics and government
[Footnote 1: In the preparation of this article, much assistance has
been derived from an article by H.C. Adams contributed to the
_Chautauquan_.]
CHAPTER XIX.
Public Lands of the United States.
Prior to 1781 but six of the original thirteen States--New Hampshire,
Rhode Island, Maryland, Pennsylvania, New Jersey, and Delaware--had
exactly defined boundaries. The others claimed lands of various extents,
stretching to the Mississippi River, or even to the Pacific Ocean. The
title to all this land was then in the individual States, and the
National Government, as such, had no land of its own. This question of
the ownership of the western land was one of the subjects of controversy
and discontent between the States. It delayed the adoption of the
Articles of Confederation for some time. Those States with little or no
land regarded with jealousy their more fortunate neighbors, and would
not consent to a union until a settlement or understanding was reached.
The Articles of Confederation were adopted only after assurance was made
that all the public lands would be ceded to the Federal Government. This
was finally done by the States.
The Government formed under the Constitution succeeded to all this land,
and in addition, to further cessions made by the States, the last being
that of Georgia in 1802. The subsequent additions of territory were made
directly to the United States, and not to the States, and all land thus
gained was held as public land to be disposed of by Congress.
While the area of the United States is 3,603,884 square miles, the
public domain which has been acquired by cession, purchase, or conquest,
to be disposed of by the Government as it desires, has amounted to
2,708,388 square miles, or about two-thirds of the total area of the
country.
The absolute title to this land, as before stated, became vested in the
United States Government. The disposal of these lands has always been
under the sole power and control of Congress.
This land was all thinly populated by Indian tribes, who merely hunted
over it, leaving unimproved its natural fertility and vast mineral
resources. These tribes, being actual occupants, were recognized to have
a sort of half interest in the land. This half ownership was always
first extinguished by the United States by purchase for small sums, or
by the granting of certain privileges, etc., before it was opened up for
settlement and occupation by the white man. Land is still held, to a
considerable extent, in this way by the Indians. This right of the
Indians can be extinguished only by the United States, as they are not
allowed to sell or treat at all with individuals or States or foreign
nations.
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