I 



THE UTILIZATION OF THE VACANT PUBLIC LANDS 



B}'^ Emory F. Best, 

 As.mtanl Commissioner of the Gaicml Land Office 



No question of public policy has demanded more earnest con- 

 sideration than the disi)Osal of the pul)lic domain. It involved 

 not only the creation of a fund for the redemption of the public 

 debt, but the fundamental principles of government upon which 

 the republic was founded. It has been asserted by some that 

 mismanagement and an ineflicient policy have characterized the 

 disposal of the public land from the foundation of the gOA'ern- 

 ment. On the other hand, it is claimed that a wise and benefi- 

 cent system has peopled the country with thrifty and energetic 

 settlers, and this is pointed to as one of our greatest achievements. 



When the Treaty of Peace was concluded between Great Britain 

 and the United States the unsettled territory west of the Appa- 

 lachians belonged to certain of the colonies. This fact was one 

 of many obstacles to the ratification of the Articles of Confedera- 

 tion. It was removed by the cession of these lands to the United 

 States. By such cession the United States became the proi)rietor 

 of a territory greater in extent than France or Spain. This 

 formed the nucleus of the public domain, and the laws enacted 

 for the disposal of the public lands in that region have been ex- 

 tended over all the territory thereafter acquired by the national 

 government except Alaska. 



The first step in the disposal of the i)ublic lands was the pas- 

 sage by Congress of the ordinance of 1787 for the organization 

 and government of the territory northwest of the Ohio. It i^ro- 

 vided for the organization of the territories into states, with all 

 the rights of the original states, but declared that the new states 

 should never interfere with the disposal of the soil b}'' the United 

 States, nor with any regulations Congress might find necessary 

 for securing the title in such soil to the purchaser. Upon the 

 admission of new states into the Union, the absolute proi)rietary 

 power and primary right of disposition of the soil has been uni- 

 formly reserved by solemn compact in conformity therewith. 



The cessions of territory made to the United States by the 

 several states were upon the condition that the land should be 



