Federal land

“ Provided, That the provisions of this paragraph shall not apply to loans or extensions of credit secured by obligations of the United States Government, the Federal intermediate credit banks, the Federal land banks, the Federal Home Loan Banks, or the Home Owners' Loan Corporation, or by such notes, drafts, bills of exchange, or bankers' acceptances as are eligible for rediscount or for purchase by Federal reserve banks. ”

“ The argument is that Congress has for a long period of years acted in such a way as to manifest a clear policy to the effect that the states, not the Federal Government, have legal title to the land under the three-mile belt. Although Congress has not expressly declared such a policy, we are asked to imply it from certain conduct of Congress and other governmental agencies charged with responsibilities concerning the national domain. ”

“ If so, a common poor man here will have much more to pay for poor land, than the rich man there for land of the best quality. This power, being necessarily unequal and oppressive, ought not to be given up. I shall endeavor to be as concise as possible. We find that the ratification of nine states shall be sufficient for its establishment between the states so ratifying the same. This, as has been already taken notice of, is a violation of the Confederation. We find that, by that system, no alteration was to take place, except it was ratified by every state in the Union. ”

“ It is larger than any territory that ever was under any one free government. It is too extensive to be governed but by a despotic monarchy. Taxes cannot be laid justly and equally in such a territory. What are the objects of direct taxation? Will the taxes be laid on land? One gentleman has said that the United States would select out a particular object, or objects, and leave the rest to the states. Suppose land to be the object selected by Congress: examine its consequences. The landholder alone would suffer by such a selection. A very considerable part of the community would escape. ”

“ He has made another objection, that land might not be taxed, and the other taxes might fall heavily on the poor people. Congress has a power to lay taxes, and no article is exempted or excluded. The proportion of each state, may be raised in the most convenient manner. The census or enumeration provided is meant for the salvation and benefit of the Southern States. It was mentioned that land ought to be the only object of taxation. ”

“ The back land, he says, is another source of danger. Another day will show that, if that Constitution is adopted without amendments, there are twenty thousand families of good citizens in the north-west district, between the Alleghany Mountains and the Blue Ridge, who will run the risk of being driven from their lands. They will be ousted from them by the Indiana Company—by the survivors—although their right and titles have been confirmed by the Assembly of our own state. ”

“ That as it has never been the policy of the federal government in enacting laws granting the right of pre-emption, and other conformable laws to induce the speedy settlement of wild tracts within the United States, to grant said benefits to any other than American citizens, or those who had declared their intention to become such, in a legal form; that such will be the provisions of the anticipated grants of land to settlers in this territory we have not the slightest doubt?in fact, a departure from the long established policy of the government would eventuate in no good. ”

“ On the side of the other committee it was answered, that the measure could not violate the confederation, because the requisition had not been founded on a valuation of land; that it would not be the first example. New Hampshire and New York having appropriated money raised under requisitions of Congress; that if the other states did their duty in complying with the demands of Congress, no inconvenience would arise from it; that the discontents of the creditors would prevent the payment of taxes; Mr. ”

“ That, on the application of the inhabitants of any district of territory within the limits of any of the states, it shall be lawful for the legislature of the United States—if they shall, under all circumstances, think it reasonable—to erect the same into a new state, and admit it into the Union, without the consent of the state of which the said district may be a part. ”

“ A new reading of the constitution has been discovered. It is averred that the 3d section of the 4th article, giving Congress power “to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States,” only gives power to legislate for the land as land. It is admitted that Congress may legislate for the land as land,—geologically or botanically considered,—perhaps for the beasts that roam upon its surface, or the fishes that swim in its waters ”

“ No new state boundary is being created, but a State which qualifies simply is being given the same area it had when it entered the Union. Unlike the three-mile grant where this Court held that Congress left boundary definitions up to it, here Congress granted land the boundaries of which are determined by fixed historical facts. ”

“ I also recommend that commissions be organized by Congress to examine and decide upon the validity of the present subsisting land titles in California and New Mexico, and that provision be made for the establishment of offices of surveyor-general in New Mexico, California, and Oregon and for the surveying and bringing into market the public lands in those Territories. Those lands, remote in position and difficult of access, ought to be disposed of on terms liberal to all, but especially favorable to the early emigrants. ”

“ It is entitled 'An Act to provide for the survey of the public lands in California, the granting of pre-emption rights therein, and for other purposes,' and is the first act of Congress which extended the land system of the United States over the newly acquired territory of that State. ”

“ But, if it be admitted that the word territory as used means land, and nothing but land, the power of Congress to organize a temporary Government is clear. It has power to make all needful regulations respecting the public lands, and the extent of those "needful regulations" depends upon the direction of Congress, where the means are appropriate to the end, and do not conflict with any of the prohibitions of the Constitution. ”

“ It is well known that the General Land Office has encountered great difficulties in making correct selections of the lands which the bounty of Congress has bestowed on the States to aid in works of internal improvement. ”

“ In addition to the fundamental federalism principles set forth in section 2, Executive departments and agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have federalism implications:
(a) There should be strict adherence to constitutional principles. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the Policy-making discretion of the States, and should carefully assess the necessity for such action. ”

“ Hence, the term 'public land laws,' fairly construed, refers, not simply to the statutes making general disposition of the public domain, but to any laws of congress, special or general, by which public lands were disposed of. ”

“ By the Constitution of this state, the representatives are apportioned among the counties, and it is wisely left to the people to choose whom they will, in their several counties, without any further division into districts. Sir, how do we know the proposal will be agreeable to the other states? Is every state to be compelled to adopt our ideas on all subjects? If the gentleman will reflect, I believe he will be doubtful of the propriety of these things. Will it not seem extraordinary that any one state should presume to dictate to the Union? ”

“ Whether in the new or the old States, all now agree that the right of soil to the public lands remains in the Federal Government, and that these lands constitute a common property, to be disposed of for the common benefit of all the States, old and new. Acquiescence in this just principle by the people of the new States has naturally promoted a disposition to adopt the most liberal policy in the sale of the public lands. ”

“ By the constitution, as is now well settled, the United States, having rightfully acquired the territories, and being the only government which can impose laws upon them, have the entire dominion and sovereignty, national and municipal, federal and state, over all the territories, so long as they remain in a territorial condition. ”

“ The Federal laws provide that if the State loses any of the said lands by reason of their being covered by homestead or mineral entries, or on account of a township being fractional, it may select other unappropriated government lands to satisfy such losses, and they further provide that is any of the said lands should be included within the boundaries of Federal reserves the State may surrender title to the Government and select and equal amount of other unappropriated lands. ”

“ As this movement proceeds, the codification of our land laws, as well as proper legislation to regulate the disposition of public lands, become of more pressing necessity, and I therefore invite the consideration of Congress to the report and the accompanying draft of a bill made by the Public Lands Commission, which were communicated by me to Congress at the last session. Early action upon this important subject is highly desirable. ”

“ It is equally plain that no public lands belonging to the United States were granted to be used for that purpose. Express authority is given to the governor and board of public works to make arrangements to secure land fronting on Pennsylvania and Louisiana avenues, between Seventh and Ninth streets, if they deem it advisable, for that purpose. ”

“ U.S., and reciting the fact that in that case they confined a grant of every alternate section of 'land' to such whereto the complete title was absolutely vested in the United States, proceeds: 'The acts which govern this case are more explicit, and leave less room for construction. The words 'public lands' are habitually used in our legislation to describe such as are subject to sale or other disposal under general laws. ”