At the close of the Revolutionary War, the territory of the United States extended west as far as the Mississippi River. That part of this territory which lay west of the Allegheny Mountains had been claimed by seven of the thirteen states that formed the Union; but soon after the war they ceded these western possessions to the United States, having received a promise from Congress that these lands, which were largely unoccupied at the time, should be disposed of "FOR THE COMMON BENEFIT OF THE UNITED STATES." They thus became PUBLIC LANDS; that is, they belonged to the people of the nation as a whole. The common interest in these public lands was one of the chief influences that kept the thirteen states united under one government during the troubled times between the close of the Revolution and the adoption of the Const.i.tution in 1789. As time went on, the public lands of the nation were increased by the acquisition of new territory, [Footnote: Louisiana Territory was acquired in 1803, Oregon in 1805, Florida in 1812 and 1819, Texas in 1845, California and New Mexico in 1846-48, the Gadsden Purchase in 1853, Alaska in 1867.] Of the 3,600,000 square miles comprising the United States and Alaska more than three fourths has at some time been public land; but of this there now remain, exclusive of Alaska, only about 360,000 square miles, much of which is forest and mineral land, unsuitable for agriculture.

DISPOSAL OF THE PUBLIC LANDS

To turn this great domain with all its resources to the fullest service of the nation has been one of the greatest problems with which our government has had to deal. In the early part of our history various plans were tried by which to secure the occupancy and development of the agricultural lands by farmers, until in 1862 the first Homestead Act was pa.s.sed by Congress.

About 10,000,000 acres of the public land were given to soldiers who fought in the Revolution and in the War of 1812 in recognition of then-service to their country. About 60,000,000 acres were later given to veterans of the Mexican War.

Until the year 1800 the plan in use for the disposition of the public lands was to sell large areas to colonizing companies, with the expectation that these companies would find settlers to whom they would sell the land in small quant.i.ties at a profit. This was not successful, as actual settlers found it difficult to get land they wanted at prices they could afford.

From 1800 to 1820 lands were sold in small areas ON CREDIT. Many bought more than they were able to pay for, and much land so disposed of had to be taken back by the government.

In 1820 a third plan was adopted: That of selling land for cash in any quant.i.ty to any purchaser. This led to speculation, individuals and companies of individuals buying recklessly, without intention of actual settlement, but with the purpose of selling again at a profit. This brought on a financial panic in 1837.

Then followed the "PREEMPTION" plan, by which actual settlers could "preempt" land (get the first right to it) by merely taking possession and paying a cash price of $1.25 an acre.

The Homestead Act of 1862 was an extension of the preemption plan; but instead of paying a cash price, the settler could acquire the land merely by living on it for a period of five years (now three) and paying fees of about $40.00.

HOMESTEAD ACTS

The Homestead Act, like earlier laws, made a direct appeal to men's desire to earn a living, to acquire property, and especially to own homes. It has been modified from time to time, but in all essentials it still remains in force and provides that any citizen of the United States who has reached the age of twenty-one, or who is the head of a family, may acquire a farm on condition of living upon it for a period of three years, cultivating the land and erecting a dwelling, and paying to the government a small fee. The size of the farm that he may so acquire varies according to the nature of the land, but the usual homestead on good agricultural land is limited to 160 acres.

The purpose of the government has been to encourage ACTUAL SETTLEMENT in order to secure the development of the nation's resources, and for this purpose to allow each settler enough land to enable him to support a family in comfort. It was decided that 160 acres of GOOD FARM LAND was enough.

Some portions of the public land, however, are less productive than others. Where the rainfall is slight and where irrigation is impracticable, and yet where crops can be raised by the "dry farming" process, the law allows a settler to take 320 acres.

A settler may also obtain 320 acres in the "desert lands" of some of the western states. These lands may be made productive by irrigation, but the settler must construct his own irrigation system. Originally 640 acres were allowed in such lands, but the amount has been reduced to 320 acres, and the Commissioner of the General Land Office now recommends (1916) that it be further reduced to 160 acres.

In those parts of the desert region which the government has already reclaimed by irrigation, thus making the land extremely fruitful, the amount usually allowed a settler is from 40 to 80 acres.

There are regions where the land is suitable only for stock raising and for forage crops. Here Congress has decided that 640 acres is a fair amount for the support of a family.

Lands that are valuable for their timber and mineral resources are disposed of on different terms, but on somewhat the same principle.

RECLAMATION OF LANDS BY SOLDIERS

At the close of the war in 1918 a plan was proposed by the Secretary of the Interior to secure the occupation of land by returning soldiers. Since the lands suitable for farming in their natural state have practically all been disposed of; the plan contemplates the reclamation of arid and swamp lands, and of land from which the forests have been cut but which are still covered with stumps. It is proposed that returned soldiers shall be employed by the government in the work of reclaiming the land, and that those who desire to become farmers may buy their farms in the reclaimed lands at a reasonable price, and with a period of thirty or forty years in which to pay for them. The Secretary of the Interior said: "This plan does not contemplate anything like charity to the soldier ... He is not to be made to feel that he is a dependent. On the contrary, he is to continue in a sense in the service of the Government. Instead of destroying our enemies he is to develop our resources." Much of the land whose reclamation by and for returning soldiers is thus contemplated is not now public land, but is lying idle in the hands of private owners.

LAND SETTLEMENT IN CALIFORNIA

The state of California has recently enacted a law known as the Land Settlement Act, which provides for "a demonstration in planned rural development." "Its first idea is educational, to show what democracy in action can accomplish." Under the terms of this act the state acting through a Land Settlement Board and with the cooperation of experts from the University of California, has purchased several thousand acres of land at Durham, in b.u.t.te County, which it sells to settlers on easy terms. It also lends money to settlers for improvement and equipment for the farmers.

The California Land Settlement Act is significant, because it eliminates speculation, it aims to create fixed communities by antic.i.p.ating and providing those things essential to early and enduring success.

Another feature is the use it makes of cooperation. The settlers are at the outset brought into close business and social relations. It reproduces the best feature of the New England town meeting, as every member of the community has a share in the discussions and planning for the general welfare. This influence in rural life has been lacking in new communities in recent years.

In the great movement of people westward with its profligate disposal of public land, settlement became migratory and speculative. Every man was expected to look out for himself. Rural neighborhoods became separated into social and economic strata.

There was the nonresident landowner; the influential resident landowner; the tenant, aloof and indifferent to community improvements; and, below that, the farm laborer who had no social status and who in recent years, because of lack of opportunity and social recognition, has migrated into the cities where he could have independence and self-respect, or has degenerated into a hobo.

At Durham, for the first time in American land settlement, the farm laborer who works for wages is recognized as having as useful and valuable a part in rural economy as the farm owner. The provisions made for his home are intended to give to his wife and children comfort, independence, and self-respect; in other words, the things that help create character and sustain patriotism. The farm laborers' homes already built are one of the most attractive features of the settlement; and when the community members gather together, as they do, to discuss matters that affect the progress of the settlement, or to arrange for cooperative buying and selling, the farm laborer and his family are active and respected members of the meetings.

From maps in school histories study the claims of the seven states to western lands.

What is the Ordinance of 1787?

Make reports on the circ.u.mstances connected with our various territorial acquisitions.

From whom did the colonists get the right to the land in the original thirteen colonies?

Do you know anyone who has ever taken up a "homestead claim"? If so, learn how it was done.

If possible, get a description of a "land lottery" and a "land rush" in newly opened public lands.

Get all the information you can about the plan to provide land for the soldiers, referred to above. Do you think this is a better plan than that of giving land to soldiers outright? Why? Is your state likely to cooperate with the national government in carrying out this plan? How?

THE NATION'S INTERESTS ARE FIRST

The policy of the government of disposing of the public lands to individuals has of course been of great benefit to the latter; but we should not lose sight of the fact that the national well-being is the first consideration. As the Commissioner of the General Land Office said in a recent report (1916), "Every acre of public land disposed of under this line of legislation is AN INVESTMENT, the profits to be found in the general development of the welfare of the nation at large."

SAFEGUARDING THE INTERESTS OF INDIVIDUALS

It has been no simple matter to administer our public lands, and mistakes have been made. Sometimes the interests of individuals have not been sufficiently safeguarded. Many settlers have suffered serious loss, and many promising communities have failed, through the taking of homesteads in regions of little rainfall, as in western Kansas and Nebraska. The government now seeks to protect homesteaders against such errors by distinguishing carefully between lands suitable for ordinary agriculture and those suitable only for dry-farming and stock-raising, by informing prospective settlers in regard to the facts, and by allowing larger entries in lands of the latter cla.s.ses. Another mistake was made in allowing many of the first claimants to stock- raising lands so to locate their claims as to acquire the exclusive use of the only available water supply for miles around, thus making useless other large tracts. This might have been avoided by a little foresight.

ABUSE OF LAND LAWS

On the other hand, the land laws have sometimes been abused. Large quant.i.ties of public land have fallen into the hands of speculators whose purpose is not to develop its resources, but to make a profit from the increased value of the land due to the efforts of others. Immense areas of land have thus been withheld from production, or have been made to produce to a limited extent only, to the great loss of the nation.

RAILROAD LANDS

In the days of transcontinental railroad building, large tracts of land were given to the railroad companies by the government, with the expectation that they would dispose of it at reasonable prices to settlers attracted by the new transportation facilities, and would use the proceeds in railway development. In fact, however, large quant.i.ties of this land have been held in an unproductive state for speculative purposes.

An ill.u.s.tration of this is the case of the Oregon and California Railroad land grant, made by Congress in 1869 and 1870, and comprising more than 4,200,000 acres, most of which bore a heavy growth of valuable timber. "This railroad grant ... contained a special provision to the effect that the railroad company should sell the land it received to actual settlers only, in quant.i.ties not greater than one-quarter section to one purchaser and at a price not exceeding $2.50 an acre. By this precaution it was intended that in aiding the construction of the railroad an immediate impetus should also be given to the settlement and development of the country through which the road was to be constructed."

After selling some of the lands according to the terms of the agreement, the railroad company ceased to live up to these terms and sold large bodies of the land to lumber interests, thus putting a stop to the development of the region in the way intended by the government. The government brought action against the railroad company, the outcome of which is that the government has bought back from the company at $2.50 an acre all of the lands of the grant which remained unsold, amounting to about 2,300,000 acres and valued at from $30,000,000 to $50,000,000.

These lands are being cla.s.sified "in accordance with their chief value, either in power-site lands, timber lands, or agricultural lands," and are to be disposed of accordingly. The timber will be sold separately from the land, and the land will then be opened to homestead entry.

By this arrangement the railroad company gets for the land all that it was ent.i.tled to under the terms of the original grant. In addition, provision is made for the payment to the counties in which the land lies of the taxes which the railroad company has not paid. As the lands are sold, the proceeds are to be divided between the state and the United States, the state receiving 50 percent, 40 percent being paid into the general reclamation fund of the United States (see Chapter XIV, p. 213), and 10 per cent into the general funds of the United States Treasury.

(From the Report of the Commissioner of the General Land Office, 1916, pp. 46-49).

This is a striking ill.u.s.tration of how our government, acting through Congress, the Courts, and the General Land Office of the Department of the Interior, has sought to obtain justice for all parties concerned, and to fulfill the original purpose of securing the development of the land in the interest of the state and the nation.

LANDS FOR PUBLIC SCHOOLS

Something like 133,000,000 acres of our public lands have from time to time been turned over to the states, the proceeds to be used for the promotion of public education, for the construction of roads, and for other purposes (see Chapters XVII and XIX). In some cases these lands have not been used altogether for the purposes for which they were granted. School lands have sometimes been sold at a nominal price to individuals who have reaped the profit, whereas the lands might have been so administered by the states as to have brought large returns for educational purposes.

In some cases, state officials have made unwise investments of the funds derived from the sale of the lands, thereby losing them for the use of the state.

LAND MONOPOLY AND TENANTRY

The control, or "monopolizing," of the public land by large holders is said to be one of the causes of increasing tenantry (Chapter X, p. 116); for as the available supply of desirable farming land is diminished, the actual home-seeker is driven to take less productive lands, or to purchase from the large holders at a higher price. The more recent land laws limit the amount of public land that an individual may acquire to an area sufficient to enable him to make a comfortable living for a family (see above, p. 199). They also exact from the homesteader an agreement that he will actually occupy and cultivate the land.