Nez Percés have been moved to and now occupy a portion of the Cheyenne and Arapahoe lands, being a portion of the Cherokee lands west of the Arkansas River, the former 101,894 acres, and the latter 90,135 acres. The unoccupied lands in the Indian Territory are held by the United States. Under date of May 23, 1879, the Commissioner of Indian Affairs reports as to these lands as follows: In reply to the last inquiry contained in said resolution [viz, resolution of United States Senate May 14, 1879], "whether it is the intention of the Government to use such unoccupied lands for the settlement of Indians and freedmen; and if the Government has such intention, what Indians and freedmen are to be located on such lauds," I have to state that it is the intention of the Indian Department, whenever the policy of the Department and the best interests of the Indians demand it, to appropriate such unoccupied lands for the use of any Indians, where their removal to the Indian Territory is not prohibited by existing treaty stipulations or laws. For a map of the Indian Territory, showing all the reservations and unoccupied land therein, see S. Ex. Doc. No. 124, second session Forty-sixth Congress, March 18, 1880, which is a report from the Commissioner of the General Land Office in response to Senate resolution of March 11, 1880, and exemplifications of land patents issued to Indian tribes in Indian Territory, and copies of applications of railway corporations and action thereon, with map. See S. Ex. Doc. No. 26, first session Forty-sixth Congress, and S. Ex. Doc. No. 32, second session Forty-fifth Congress. PUBLIC LAND STRIP. The "Public Land Strip," or unoccupied public lands west of Indian Territory and south of Kansas, is a part of the territory ceded to the United States by the State of Texas in 1850. The area of the Public Land Strip is estimated at 10,800 square miles, equal to 6,912,000 acres. It is not attached to any judicial district. The only legislative action in regard to it is some incomplete measures, one of which was bill S. No. 1648, Forty-fifth Congress, third session, providing for the survey and sale of said lands; also bill S. No. 1783, Forty-sixth Congress, second session, granting to the Commissioner of the General Land Office general authority to survey public lands of the United States, islands, &c., neither of which measures have resulted in law. This territory remains unsurveyed and unoccupied. It is public domain, but the land laws have not as yet been extended over it for survey, sale, or disposition. During the Revolution and afterwards Congress held its sessions in Philadelphia, Baltimore, New York, Lancaster, York, Princeton, Annapolis, and Trenton. Having been interrupted at Philadelphia the sessions were removed to the halls of the college at Princeton. In 1784 commissioners were appointed to procure a site for the Capital, between two or three miles square, upon the Delaware River, and erect suitable buildings, but nothing was done by them. In 1789 a bill passed one House of Congress in favor of a location upon the banks of the Susquehanna. The present seat of government (District of Columbia) was selected by virtue of acts passed in 1788-'89 by Virginia and Maryland ceding ten miles square upon the Potomac under the name of Connogocheague. The first session of Congress was held in the District November, 1800. Washington City, in the District, is the political capital of the United States. It is situated on the left bank of the Potomac River between two small tributaries-the one on the east called the Eastern Branch and the one on the west called Rock Creek, the latter separating it from Georgetown, which is also embraced within the limits of the District of Columbia and under the direct control of Congress, as was the city of Alexandria at one time. The seventeenth clause, eighth section, first article of the Constitution of the United States says: "Congress shall have power to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States," &c. In pursuance of this provision the State of Maryland, on December 23, 1788, passed "An act to cede to Congress a district of ten miles square in this State for the seat of Government of the United States." And the State of Virginia, on December 3, 1789, passed "An act for the cession of ten miles square, or any lesser quantity of territory within this State, to the United States in Congress assembled for the permanent seat of the General Government." These cessions were accepted by Congress, as required by the Constitution, and the permanent seat of government established by the "act for establishing the temporary and permaneat seat of the Government of the United States," approved July 16, 1790, and the act to amend the same, approved March 3, 1791. The district of ten miles square was accordingly located, and its lines and boundaries particularly established by a proclamation of George Washington, President of the United States, on March 30, 1791, and by the “act concerning the District of Columb a,” approved February 27, 1801, Congress assumed complete jurisdiction over the said district, as contemplated by the framers of the Constitution. The legislature of Virginia passed an act on February 3, 1846, providing for the acceptance by the State of Virginia of the county of Alexandria, in the District of Columbia, whenever the same shall have been receded by Congress; and on July 9, 1846, an act was passed by Congress, entitled "An act to retrocede the county of Alexandria, in the District of Columbia, to the State of Virginia." The county of Alexandria, thus receded to the State of Virginia, comprised all that portion of the original district of ten miles square which lies south of the Potomac River, so that by the act of retrocession the District of Columbia was reduced to the county of Washington, comprising all that part of the original district which lies north of said river, and including within its limits the cities of Washington and Georgetown. Until 1871 the Government of the District of Columbia was of the ordinary municipal character, resting upon charters granted by Congress, from time to time, to the cities of Washington and Georgetown. These charters continued in force until June 1, 1871, when they were repealed by an act of Congress, entitled "An act to provide a government for the District of Columbia," approved February 21, 1871. This act created a territorial government for the District, vesting the executive power and authority in a governor and secretary (appointed by the President by and with the advice and consent of the Senate), and a legislative assembly, consisting of a council and house of delegates; providing for the appointment of a board of public works; and authorizing the election of a Delegate to represent the District in Congress. The Territorial government thus established was in its turn abolished by the provisions of an act of Congress, entitled "An act for the government of the District of Columbia, and for other purposes," approved June 20, 1874. This act provided for the appointment by the President, by and with the advice and consent of the Senate, of a Board of Commissioners, three in number; that such board should "exercise all the power and authority now lawfully vested in the governor and board of public works" of the District of Columbia, with certain unimportant limitations; and limited the representation in Congress to the term of the then incumbent. Since June 20, 1874, the Government of the District of Columbia has accordingly been administered by a Board of Commissioners, appointed by the President, in pursuance of the act of Congress of that date. DERIVATION OF NAMES OF THE THIRTEEN ORIGINAL STATES. Delaware (after Lord de la War); Pennsylvania (Penn's "Sylva”—woods); New Jersey (after the Isle of Jersey); Georgia (after George II. of England); Connecticut (Indian, Qunni-tuk-ut-Upon the long river); Massachusetts (Indian-About the great hills); Maryland (after Henrietta Maria, Queen of Charles I. of England); South Carolina (after Charles I. of England); New Hampshire (after the county of Hampshire, England); Virginia (in honor of Queen Elizabeth of England, Virgin Queen); New York (after Duke of York-afterwards James II. of England); North Carolina (after Charles I. of England); Rhode Island (after the Island of Rhodes). FRONTIER AND COAST LINE OF THE UNITED STATES. The United States has a frontier of about 10,000 miles; 3,500 of which is sea coast, 1,600 Gulf coast, and 1,500 lake coast, or, more distinctly, as follows: Length of the Atlantic coast, from the mouth of the St. Croix to the St. Mary's River. Miles. 1,450 450 1,200 400 1,620 Total 5,120 Leaving a land frontier line of about 4,880 miles. POPULATION OF THE COLONIES. In 1624 there was an immigration of 9,000; in 1649 the colonies numbered 15,000; in 1689 the colonies numbered 200,000; in 1715 the colonies numbered 434,600; in 1733 the colonies numbered 750,000; in 1776 population of the United States was 2,243,000. POPULATION OF THE UNITED STATES. The population of the United States in 1790 was 3,929,214; in 1800, 5,308,483; in 1810, 7,239,881; in 1820, 9,633,822; in 1830, 12,866,020; in 1840, 17,069,453; in 1850, 23,191,876; in 1860, 31,443,321; in 1870, 38,925,598; in 1880, 50,152,866. REFERENCES. Bancroft's History of the United States. Hilliard's History of the United States. Congressional Annals Debates, Globe and Record, 1789 to 1880. Charters and Constitutions. 2 vols. Ben: Perley Poore. Constitution of the United States. Hickey; Alexander Cummings' Revision. Journals of the Senate and House of Representatives of the United States, 1789 to 1880. Statutes at Large United States. Little, Brown & Co. Reports of Commissioner Indian Affairs to 1880. Areas of political divisions of the United States. J. W. Stocking. Ninth Census. Reports Supreme Court United States. CHAPTER XXXIV. TENURES IN THE AMERICAN COLONIES. FORM OF GOVERNMENT AND LAND TENURES IN THE AMERICAN COLONIES, WITH EXAMPLES OF WARRANTS, MANNER OF LOCATION, AND METHODS OF SURVEYS. At the period of the Revolutionary War, although the thirteen colonies were under the sovereignty of Great Britain, many of their institutions and customs were of their own selection and adoption. Distance from the home government, and difference in charters or grants and forms, aided independence. There were three forms of colonial government: The provincial, the proprietary, and the charter. The provincial government had no fixed constitution, but was governed by commissions created at pleasure by the King. A governor and council were appointed, who were invested with general executive powers. They were authorized to call a general assembly consisting of two houses (the assembly being the lower and the council the upper house) of the representatives of the freeholders and planters of the province. The governor had an absolute veto, and could prorogue and dissolve them. The general assembly had power to make all local laws and ordinances for the government of the colony and its people not inconsistent with the laws of England. At the beginning of 1776, New Hampshire, New York, Virginia, North Carolina, South Carolina, and Georgia were provinces as above defined. The proprietary governments were grants by patents for special territory to one or more persons, from the Crown, giving them rights as proprietary or proprietaries over the soil, with general powers of government, in the nature of feudatory principalities or dependent royalties; subject, however, to control of the King. The governors were appointed by the proprietary or proprietaries, and the legislatures were organized and called at his or their pleasure. Executive authority was performed by him or them or by the governor for the time being. Pennsylvania and Delaware, with William Penn as proprietary, and Maryland, with Lord Baltimore as proprietary, were the three colonies with this form of government at the beginning of 1776. Charter governments were corporations (political) created by letters patent, which gave to the grantees and their associates the soil within their territorial limits and powers of legislative government. Their charters provided a fundamental constitution for them, dividing the powers of government into three functions or heads, viz, legislative, executive, and judicial, and providing for the mode of exercising these powers, vesting them in proper officials. Massachusetts, Rhode Island and Providence Plantation, and Connecticut, were the colonies possessing this form of government at the breaking out of the Revolutionary War of 1776. All the colonies enjoyed generally the same rights and privileges.* *See Story on the Constitution. 30 L O-VOL III RETROSPECT OF LAWS OF THE COLONIES AS TO LANDS. The colonial legislatures, with the restrictions necessarily arising from their dependency on Great Britain, were sovereign within the limits of their respective territories. But there was this difference among them: that in Maryland, Connecticut, and Rhode Island the laws were not required to be sent to the King for his approval, whereas in all the other colonies the King possessed the power of abrogating them, and they were not final until they had passed under his review. In respect to the mode of enacting laws there were some differences in the organization of the colonial governments. In Connecticut and Rhode Island the governor had no negative upon the laws; in Pennsylvania the council had no negative, bnt was merely advisory to the executive; in Massachusetts the council was chosen by the legislature, and not by the Crown, but the governor had a negative on the choice. In all the colonies the lands within their limits were, by the very terms of their original grants and charters, to be holden of the Crown in free and common socage, and not in capite, or by knight's service. They were all holden either as of the manor of East Greenwich, in Kent, or of the castle of Windsor, in Berkshire. All the slavish and military part of the ancient feudal tenures was thus effectually prevented from taking root in the American soil, and the colonists escaped from the oppressive burdens which for a long time affected the parent country and were not abolished until after the restoration of Charles II. Our tenures thus acquired a universal simplicity, and it is believed that none but freehold tenures in socage were ever in use among us. No traces are to be found of copyhold or gavelkind or burgage tenures. In short, for most purposes our lands may be deemed to be perfectly allodial, or held of no superior at all, though many of the distinctions of the feudal law have necessarily insinuated themselves into the modes of acquiring, transferring, and transmitting real estates. One of the most remarkable circumstances in our colonial history is the almost total absence of leasehold estates. The erection of manors, with all their attendant privileges, was indeed provided for in some of the charters. But it was so little congenial with the feelings, the wants, or the interests of the people, that after their erection they gradually fell into desuetude, and the few remaining in our day are but shadows of the past, the relics of faded grandeur in the last steps of decay, enjoying no privileges and conferring no power. In fact, partly from the cheapness of land and partly from an innate love of independence, few agricultural estates in the whole country have at any time been held on lease for a stipulated rent. The tenants and occupiers are almost universally the proprietors of the soil in fee simple. The estates of a more limited duration are principally those arising from the acts of the law, such as estates in dower and in courtesy. Strictly speaking, therefore, there has never been in this country a dependent peasantry. The yeomanry are absolute owners of the soil on which they tread, and their character has, from this circumstance, been marked by a more jealous watchfulness of their rights, and by a more steady spirit of resistance against every encroachment, than can be found among any other people whose habits and pursuits are less homogeneous and independent, less influenced by personal choice and more controlled by political circumstances. Connected with this state of things, and, indeed, as a natural consequence flowing from it, is the simplicity of the system of conveyances by which the titles to estates are passed and the notoriety of the transfers made. From a very early period of their settlement the colonists adopted an almost uniform mode of conveyance of land at once simple and practical and safe. The differences are so slight that they become almost evanescent. All lands were conveyed by a deed commonly in the form of a feoffment or a bargain and sale, or a lease and release, attested by one or more witnesses, acknowledged or proved before some court or magistrate, and then registered in some public registry. When so executed, acknowledged, and recorded, it has full effect to convey the estate without any livery of seizin, or any other act or ceremony whatsoever. This mode of conveyance prevailed, if not in all, in nearly all the colonies from a very early period, and it has now become absolutely universal. It is hardly possible to measure the beneficial influences upon our titles arising from this source, in point of security, facility of transfer, and marketable value. (Story on the Constitution, volume 1.) SURVEYS, PRICE OF LANDS, AND GRANTS IN THE COLONIES. The land systems of the several colonies were the germs and basis of the land system of the United States. The Congresses of the early period of the Confederation and Union were composed of members from the various colonies or States who were familiar with the systems therein. From their varied experiences the most practical method was reached for the disposition of the public domain. |