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.

Until 1812 the affairs of the public domain were managed by the

Secretary of the Treasury. In that year the office of Commissioner of

the General Land Office was created, which remained a bureau under the

Treasury Department until 1846. On the creation of the Interior

Department in that year, Indian affairs were transferred to it, and have

remained under the same management until the present time. This bureau

has complete charge of all matters relating to the management and

disposal of the public lands, subject to the direction of Congress.

Almost every conceivable method of disposing of this land has been

followed. The Government has, however, never assumed the position of

landlord and rented the land, except in one case of some mineral land,

and this experiment resulted disastrously. Before the land could be

disposed of, it was necessary that it should be surveyed by the

Government. To do this there was adopted as early as 1776, the so-called

rectangular system, which, with slight changes, has been continued

until the present time. By this system there are first surveyed a base

and a meridian line, crossing each other at right angles, running north

and south and east and west. From these fixed lines the land is surveyed

and marked off into rectangles of six miles square, each thus containing

thirty-six square miles. This is called a township. This is again

divided up into sections of one square mile each or 640 acres, and this

again into quarter sections of 160 acres each. In some cases these are

still further subdivided.

The regulation and disposition of the public lands has been one of the

chief duties imposed upon Congress.

The chief methods by which the public lands have been disposed of are as

follows:

1. _#Educational Grants.#_--Congress from the very first provided

liberally for the establishment of common schools through grants of

public lands for this purpose. As each township is surveyed one quarter

section of 640 acres is set apart for common schools. This has continued

from the beginning down to the present time. In addition, large grants

have been made specially for the endowment of universities. Within later

years land has been given to every State to found State military and

agricultural colleges. Up to the year 1888, there had thus been granted

for educational purposes 77,448,192 acres.

2. _#Land Bounties for Military and Naval Service.#_--There have been

granted by different acts bounties of public land, in the nature of

pensions, to the soldiers and sailors of the United States Army, on

their honorable discharge, for their service to the Government. The

amount of land thus granted (1880) has been 61,028,430 acres.

3. _#To the States for Internal Improvement.#_--There was granted to the

States during the years from 1828 to 1846, for the improvement of

rivers, building of canals, wagon roads, railroads, etc., 162,230,099

acres.

4. _#Sale of Public Land.#_--Under this head there are two classes of

public land--first, that which may be bought for the minimum rate of

$1.25; and, secondly, the alternate sections along the railroads (the

other alternate sections being granted to the railroads), the minimum

price of which is $2.50. There have been sold in all 192,584,116 acres,

realizing $233,000,000.

5. #_Under the Pre-emption Acts._#--These acts, passed at various times,

provide that where a man, a citizen of the United States, settles upon

and cultivates for a certain length of time, a tract of land not greater

than 160 acres, the United States will give him such tract.

6. #_Under the Homestead Acts._#--The homestead laws have created a

better and more certain manner for settlers to acquire land than under

the pre-emption acts. By these acts it is provided that any citizen who

will select either 160 acres of the $1.25 land, or 80 of the $2.50 land,

can then get a permit from the land office, settle on his land, and

acquire a title to it.

7. _#Under the Timber Culture Act.#_--This act gives to any one the

right to 160 acres of the $1.25 land if he will plant 10 acres in

timber, or 80 acres of the $2.50 land if he will plant 5 acres in

timber.

8. _#Certain Lands to States.#_--Quite a large quantity of the public

land has been given to the States on account of its quality, as swamp or

overflowed land, and for various reasons, to the extent of 158,417,514

acres.

9. _#Grants to Pacific and other Railroad Companies.#_--The nature of

these grants have already been spoken of in another chapter. From 1850

to 1872 a total of 150,504,994 acres was given for railroad

construction.

XX.

Reconstruction.

The conclusion of the civil war in 1865 did not relieve the United

States Government of its extraordinary difficulties. There was the whole

South, a conquered territory, occupying the anomalous position of a

district, still within the Union, yet possessing no legal state

governments. The Confederate government had now been destroyed by the

North, and the South was thus without a government. Four million slaves

had been liberated, who were uneducated, without money, and living among

people hostile to them. Congress had to provide for and protect these

freedmen in their rights. The work to be done by Congress, was then:--1.

To decide upon what terms and upon what conditions the seceded States

should be re-admitted into the Union, and to provide for them a

government until such re-admission. 2. To protect the negro.

The South, though in the Union, had at this time, of course, no

representation in Congress, and consequently, the Republicans were in

great majority. Unfortunately, Johnson, who succeeded to the Presidency

at the death of Lincoln, though a Republican, disagreed with his party,

and legislation upon this subject was only secured by passing all acts

over his veto by a two-thirds vote.

After much discussion, the first Reconstruction Bill, "to provide for

the more efficient government of the rebel States," was passed in 1867,

vetoed by the President, and passed over his veto. Its principal

provisions were--1. The insurrectionary States were to be put under

United States control, and for this purpose divided into five military

districts, over each of which the President was to appoint a commanding

officer. 2. The people of the various States might hold a delegate

convention, elected by the citizens who had not been deprived of the

right to vote for participation in the rebellion. The convention was to

prepare a new constitution, which constitution was to be then submitted

to the vote of the people, and when ratified by them and approved by

Congress, should go into force, and the State be entitled to

representation in Congress. Before approval by Congress the

constitutions adopted by the rebel States had to agree in all the

following particulars: (1) abolishing slavery; (2) declaring null and

void all debts created by States in aid of the rebellion; (3) renouncing

all right of secession; (4) declaring the ordinance of secession which

they had passed null and void; (5) giving the right to vote to all male

citizens, without regard to color; (6) prohibiting the passing of any

law to limit or abridge the rights of any class of citizens.

In 1868 the Fourteenth Amendment was adopted by a sufficient number of

States, and was declared a part of the Constitution.

In 1871 all the States were, for the first time since 1861, represented

in both houses of Congress. Reconstruction by Congress was then

completed.

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