FIGURE 6.-Relative size of possessions of the United States, plotted on a scale of 1 to 12,000,000. Figures indicate square miles. Continental United States on the same scale would be represented by a square 9% inches on each side, covering an area about four and a quarter times the combined area of all the outlying possessions

THE PUBLIC DOMAIN AND THE CHANGES MADE THEREIN 67

CESSIONS BY THE STATES

In 1776, when the thirteen colonies declared their independence of England, many of them possessed unoccupied territory, much of which was entirely detached and lay west of the Appalachian Mountains. Thus Georgia included the territory from its present eastern limits westward to the Mississippi River. North Carolina possessed a strip extending from latitude 35° to 36° 30', approximately, and running westward to the Mississippi, which included the area of the present State of Tennessee. In like manner Virginia possessed what

67 For a discussion of these changes see Paxson, F. L., History of the American frontier, 1763-1893, chaps. 5 and 6, Cambridge, 1924. 56th Cong., 1st sess., S. Doc. 148, 1900, contains copies of organic acts for the Territories from 1787 to 1900 compiled from United States statutes. It contains a copy of the ordinance of 1787 and notes regarding it, also extracts from State papers relating to United States territory in general.

is now Kentucky, and a number of States, including Pennsylvania, New York, Massachusetts, Connecticut, and Virginia, laid claims to areas in what was afterward known as the territory northwest of the River Ohio, a region now contained mainly in the States of Ohio, Indiana, Illinois, Michigan, and Wisconsin. These claims were to a greater or less extent conflicting. Authority over some areas was claimed by several States, and most of the boundary lines were very ill defined.

The ownership of these western lands by individual States was opposed by those States that did not share in their possession, mainly on the ground that the resources of the General Government, to which all contributed, should not be used for the protection and development of this region, the advantages of which would inure to the benefit of only a favored few.

Moved by these arguments, as well as by the conflicting character of the claims, which must inevitably lead to trouble among the States, Congress passed, on October 30, 1779, the following resolution:

Whereas the appropriation of the vacant lands by the several States during the continuance of the war will, in the opinion of Congress, be attended with great mischiefs: Therefore,

Resolved, That it be earnestly recommended to the State of Virginia to reconsider their late act of assembly for opening their land office; and that it be recommended to the said State, and all other States similarly circumstanced, to forbear settling or issuing warrants for unappropriated lands, or granting the same during the continuance of the present war.

This resolution was transmitted to the different States. The first to respond to it by the transfer of territory to the General Government was New York, whose example was followed by the other States. These transfers were the origin of the public domain. The cessions were made on the dates given below: 48

New York, March 1, 1781.

Virginia, March 1, 1784, finally confirmed by the legislature December 30, 1788. The deed of cession by Virginia gives no limits further than to specify that the lands transferred "include only those lying northwestward of the River Ohio."

Massachusetts, April 19, 1785.

69

Connecticut, September 13, 1786. The Connecticut act of cession reserved an area in the northeastern part of Ohio, known as the Western Reserve. On May 30, 1800, Connecticut gave to the United States jurisdiction over this area, but without giving up its property rights in it.

es For interesting references to these cessions see Hibbard, B. H., A history of the public-land policies, New York, 1924. See also Sherman, C. E., Original Ohio subdivisions : Ohio Cooperative Topog. Survey Final Rept., vol. 3, Columbus, 1925.

See Western Reserve Univ. [Cleveland] Bull., August, 1923, pp. 37-57, for a history of this reserve.

South Carolina, August 9, 1787.

North Carolina, February 25, 1790.

Georgia, April 24, 1802.

The following paragraph from the deed of cession by New York defines the limits of its grant to the General Government: TO

70

Now, therefore, know ye, that we, the said James Duane, William Floyd, and Alexander M'Dougall, by virtue of the power and authority, and in the execution of the trust reposed in us, as aforesaid, have judged it expedient to limit and restrict, and we do, by these presents, for and in behalf of the said State of New York, limit and restrict the boundaries of the said State in the western parts thereof, with respect to the jurisdiction, as well as the right or preemption of soil, by the lines and in the form following, that is to say: A line from the northeast corner of the State of Pennsylvania, along the north bounds thereof to its northwest corner, continued due west until it shall be intersected by a meridian line, to be drawn from the forty-fifth degree of north latitude, through the most westerly bent or inclination of Lake Ontario; thence by the said meridian line to the forty-fifth degree of north latitude; and thence by the said forty-fifth degree of north latitude; but, if on experiment, the abovedescribed meridian line shall not comprehend twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do, by these presents, in the name of the people, and for and on behalf of the State of New York, and by virtue of the authority aforesaid, limit and restrict the boundaries of the said State in the western parts thereof, with respect to jurisdiction, as well as the right of pre-emption of soil, by the lines and in the manner following, that is to say: a line from the northeast corner of the State of Pennsylvania, along the north bounds thereof, to its northwest corner, continued due west until it shall be intersected by a meridian line, to be drawn from the forty-fifth degree of north latitude, through a point twenty miles due west from the most westerly bent or inclination of the river or strait Niagara; thence by the said meridian line to the forty-fifth degree of north latitude, and thence by the said forty-fifth degree of north latitude;

The following paragraph from the deed of cession by Massachusetts gives the limits of the area ceded: 71

[We] do, by these presents assign, transfer, quitclaim, cede, and convey to the United States of America, for their benefit, Massachusetts inclusive, ail right, title, and estate of and in, as well the soil as the jurisdiction, which the said Commonwealth hath to the territory or tract of country within the limits of the Massachusetts charter situate and lying west of the following line, that is to say, a meridian line to be drawn from the forty-fifth degree of north latitude through the westerly bent or inclination of Lake Ontario, thence by the said meridian line to the most southerly side line of the territory contained in the Massachusetts charter; but if on experiment the above-described meridian line shall not comprehend twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do by these presents, by virtue of the power and authority aforesaid, in the name and on behalf of the said Commonwealth of Massachusetts, transfer, quitclaim, cede, and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title, and estate of and in as well the soil as the jurisdiction, which the

TO Donaldson, Thomas, The public domain, its history with statistics, p. 67, Washington, Public Land Commission, 1884.

71 Idem, pp. 71-72.

said Commonwealth hath to the territory or tract of country within the limits of the Massachusetts charter, situate and lying west of the following line, that is to say, a meridian line to be drawn from the forty-fifth degree of north latitude through a point twenty miles due west from the most westerly bent or inclination of the river or strait of Niagara; thence by the said meridian line to the most southerly side line of the territory contained in the Massachusetts charter aforesaid, *

*

The following clause from the act of the Legislature of Connecticut, authorizing the cession, defines its limits: 72

Be it enacted * * * That the delegates of this State, or any two of them, who shall be attending the Congress of the United States, be, and they are hereby, directed, authorized, and fully empowered, in the name and behalf of this State, to make, execute, and deliver, under their hands and seals, an ample deed of release and cession of all the right, title, interest, jurisdiction, and claim of the State of Connecticut to certain western lands, beginning at the completion of the forty-first degree of north latitude, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, and from thence by a line drawn north, parallel to and one hundred and twenty miles west of the said west line of Pennsylvania, and to continue north until it comes to forty-two degrees and two minutes north latitude. Whereby all the right, title, interest, jurisdiction, and claim of the State of Connecticut, to the lands lying west of said line to be drawn as aforementioned, one hundred and twenty miles west of the western boundary line of the Commonwealth of Pennsylvania, as now claimed by said Commonwealth, shall be included, released, and ceded to the United States in Congress assembled, for the common use and benefit of the said States, Connecticut inclusive.

Connecticut reserved by this deed both the title and jurisdiction over a tract of her western lands lying between the western boundary of Pennsylvania and the then eastern boundary of her cession, comprising a strip 120 miles long and of irregular width lying between parallels 41° and 42° 2' N. (the northeastern part of the present State of Ohio) and known as the "Western Reserve" of Connecticut in Ohio. Connecticut by act of legislature in October, 1797, tendered a release of jurisdiction over this tract to the United States, which Congress accepted April 28, 1800, and Connecticut confirmed May 30, 1800. A portion of this area, lying in the present Ohio counties of Erie, Huron, and Ottawa, was known as the "Fire lands" from the fact that the lands were donated by Connecticut for the use of citizens of Danbury and other places as a recompense for losses by fire and raids by British troops during the Revolution.

The cession of South Carolina was described as follows: 73

* all the territory or tract of country included within the river Mississippi and a line beginning at that part of the said river which is intersected by the southern boundary line of the State of North Carolina, and continuing along the said boundary line until it intersects the ridge or chain of mountains

72 Donaldson, Thomas, op. cit., p. 73.

7 Idem, p. 76.

which divides the eastern from the western waters, then to be continued along the top of said ridge of mountains until it intersects a line to be drawn due west from the head of the southern branch of Tugoloo River to the said mountains; and thence to run a due west course to the river Mississippi.

The State of North Carolina ceded 74

the lands situated within the chartered limits of this State, west of a line beginning on the extreme height of the Stone Mountain, at the place where the Virginia line intersects it; running thence along the extreme height of the said mountain, to the place where the Wataugo River breaks through it; thence a direct course to the top of the Yellow Mountain where Bright's road crosses the same; thence along the ridge of the said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of the said mountain to where Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of the said mountain, to the Painted Rock, on French Broad River; thence along the highest ridge of the said mountain, to the place where it is called the Great Iron or Smoaky Mountain; thence along the extreme height of the said mountain, to the place where it is called the Unicoy or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State.

It will be noted that the above description of the eastern boundary of her ceded possessions agrees in general terms with the description of the western boundary of North Carolina, as given on page 149. The articles of cession by Georgia describe the area ceded as follows: 75

* the lands situated within the boundaries of the United States, south of the State of Tennessee, and west of a line beginning on the western bank of the Chatahouchee River, where the same crosses the boundary line between the United States and Spain; running thence up the said river Chatahouchee, and along the western bank thereof to the great bend thereof, next above the place where a certain creek or river, called "Uchee" (being the first considerable stream on the western side, above the Cussetas and Coweta towns), empties into the said Chatahouchee River; thence in a direct line to Nickajack, on the Tennessee River; thence crossing the said last-mentioned river, and thence running up the said Tennessee River, and along the western bank thereof, to the southern boundary line of the State of Tennessee.

Of the area conveyed by these cessions to the General Government the part lying north of the Ohio was afterward erected into the "territory northwest of the River Ohio," and the rest lying south of that river, was known as the "territory south of the River Ohio." This did not include the area of the present State of Kentucky, which remained as a part of Virginia until it was admitted as a State in 1792.

The United States by act of Congress of September 9, 1850, purchased from the State of Texas about 124,000 square miles of land.

14 Donaldson, Thomas, op. cit., p. 77; 1 Stat. L. 106.

Donaldson, Thomas, op. cit., p. 80.