The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-09
THE HAsKIN LETTER
LAND TITLES. M. Tie Public Land system

1 81
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
greater part Of this land, inyoiyinS
not only the attributes Of sovereign
ty, 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 required By cession from
Spain and Mexico was given the same
status as 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 coded 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 fof
such portions as may. be found to be
needed for federal purposes, the Gus
tcdy of the United States is temper
airy and to lontinue only until set
tlement and development can be Sc
cured. None Of the land in either
class could be conveyed except upon
authorization by the Congress, but
public property is conveyed by the
usual forms of Deeds, while public
lands are conveyed by patents.
The colonial history Of trouble
some questions arising out of the
titles to lands was the necessary CON
sequence of the defective system OF
survey and registration Virginia
had been particularly unfortunate in
getting its western land affairs into
a tanglc and tits probably due to the
warning Of this experience that the
United States adopted an entirely
different plan and one which has
been carried out with minimum OF
friction. q
The simple, but at the same time
effective. system Of disposition Of the
public lands of the United States was
devised by committee Of Congress
of which Thomas Jefferson, Of yir-
ginia, was chairman. He was prob
ably the originator of the basic
ideas which were to withhold all ac-
ton which would initiate a basis OF
/ title from the government to any
specifc tracts Of land until the In
dian title had been extinguished and
until complete survey had been
made. Under this plan. the conflicts
between rival trafilckers with the In
dams would be avoided and the old
confusion resulting from partial sur
Eyeys by different surveyors in pri-
yate employ ment could not occur.
These propositions were supplement-
ed by general plan of surveying OPP
erations which was made applicable,
successfully to 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, result
ing in encroachment on lands as to
which the Indian claim had not been
satisfied, the first official act looking
to the passing of a portion OF the
public domain into private hands has
been a treaty with the tribes using
the lands affected as q residence or a
hunting ground. The United States
has undertaken in every case to rec
cmpense che Indians for the loss sus-
tanned in being deprived of the use
and occupation of lands which 1T was
proposed to open for settlement.
The rS.ure4of the Indian title was
passed upon by the Supreme Court
of the United States in one Of the
early decisions aud 1t was held that
It did not exceeds,a claim for dam
ages arising from such loss.
Compensation to the Indians for
these rights has taken the form Of
lump sum payments to the tribes Inn
mediately following the time OF
treaty negotiations, the payments be-
ing in cash or goods, or both, and OF
the payment of annuities either in
cash or supplies. In addition to
these payments further considera-
ton for the extlnguishment OF In.
dian rights has frequently been
given in assigning use and occupa-
tion on other public lands remote
from settlements. Many OF the an.
nuities still continue and with the
4 wardship, support and education
given the Indians, the compensation
paid has afforded a substantial con.
sideration for the rights intended to
be purchased, although bearing a
small ratio to the value Of the lands
in their present status of improve
ment.
The process Of extinguishing the
Indian title has been delicate and
difficult one and has been the chief
cause of Indian wars. The pressure
of population has, however. been ir-
resistible and by successive steps,
the incumbrance was removed until
the boundary OF the Spanish posses
sions Of 1919 was reached and the
domination OF Europeans over the
North American continent was COM
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