Evening star., 1914-12-10
LAND TITLES.
X.-The Public Land
System.
By Frederic J. Haskin.

Previous letters of this series have
described how vast tracts of country
came into the possession of the United
states by cession on the part of the
original states and by purchase from
foreign nations. The title to the great
er part of this land. involving not only
the attributes of sovereignty, but the
actual ownership. became vested in the
United States. the only incumbrance
being the right Of the Indian tribes
who were entitled to be secured in the
use and occupation of SO much as
might be necessary to their support.
The cessions by the independent
states which had formed the Union
were in the nature Of deeds in trust
that the land so donated should be
used for the common good, and the
domain west of the Mississippi, which
was acquired by actual purchase. and
the land acquired by cession from
Spain and Mexico were given the same
status as a matter of wise public
policy.
The distinction between the public
lands and the public property of the
United States in lands Is that the lat
ter consists Of real estate which has
been ceded to or purchased by the
United States for federal purposes, and
is held as an individual holds his lands
The former was and is held under the
implied declaration of the United
States that except for such portions as
may be found to be needed for federal
purposes the custody of the United
states Is temporary and to continue
only until settlement and development
NH -
either class could be conveyed EXCEPT
upon authorization by the Congress,
but public property is conveyed by the
usual forms of deeds, while public
kN
The colonial history of troublesome
questions arising out of the titles of
lands was the
Colonial Troubles necessary conse-
Due to Defects. u.aee esc,,es Oh the de- -
survey and registration. Virginia had
been particularly unfortunate in get
ting its western land affairs into a
tangle. and 1t is probably due to the
warning of this experience that the
United States adopted an entirely diff
ferent plan and one which has been
carried out with a minimum of fric-
ton
The simple. but at the same time ef-
fective. system of disposition of the
public lands of the United States was
devised by a committee of Congress OF
which Thomas Jefferson of Virginia
was chairman. He was probably the
originator of the basic ideas which
were to withhold all action which
would initiate basis of title from the
government to any specific tracts OF
land until the Indian title had beer
extinguished and unit! a complete sur
vey had been made. Under this plan
the conflicts between rival traffckers
with the Indians would be avoided and
the old confusion resulting from par
tia! surveys by different surveyors in
private employment could not occur
These propositions We're supplemented
by general plan of surveying opera
tons which was made applicable sue.
cessively 10 all the public lands of the
United States
Although action of the United States
toward dealing with Indian rights has
frequently been forced by the pressure
OF population, resulting in encroa ch.
n1ent on lands as to which the Indian
claim had not been satisfied, the firs1
ofhcial act looking to the passing of a
portion of the public domain INFO nrf.
vate hands has been treaty with thI
tribes using the lands affected as q
residence or hunting ground The
Inited states has undertaken in every
case to recompense the Indians for tht
loss sustained in being deprived of the
use and occupation of lands which i,
was proposed to open for settlement
The nature of the Indian title was
passed upon by the Supreme Court ot
the United States in one of the cart
decisions and it was held that il did
not exceed a claim for damages aris.
ing from such loss
Compensation to the Indians 70,
these rights has taken the form n,
lump sum pay.
Pay to Indians ments. to tn,
for Their Rights. atn9sa a,ioes ,,1. ,mmedi
the time of treaty negotiations, tn.
payments being IN cash or goods O,
both. and of the annuities either I,
cash or supplies. In addition to tbes,
payments. further consideration fo
the extinguishment of Indian rights ha
frequently been given in assigning us,
and occupation on other public land
remote from settlements. Many OF tn,
annuitieS still continue and with +b.