The surveyor-general was authorized to lease the lands reserved for future disposi tion, in sections and half-sections, for terms not exceeding seven years. The act also pro vides that any person who has erected or has begun to erect a grist-mill or saw-mill upon the lands to be sold was 'entitled to the pre emption' or preference right to purchase the section on which it was located at $2 per acre.
Before 1789 deeds for the lands sold were executed by the Board of Treasury, corre sponding to our present Treasury Department, or by the loan commissioners, agents of this liciard. After that date all patents for the lands sold were executed by the President, counter signed by the Secretary of State and recorded in his office. It is to be noted that in a few cases Congress had made grants of lands in such terms that patent was not required, title passing directly by virtue of the act.
By Act of 25 April 1812 the General Land Office was established in the Department of the Treasury. To this office were transferred all the duties relating to the survey, sale and patenting of the public lands previously per formed by the Secretary of War and the Secre tary and Register of the Treasury. All patents for lands were to be issued in the name of the United States under the seal of the new office, signed by the President and counter signed by the Commissioner of the General Land Office.
To relieve the President of the great burden of personally signing the large number of patents issued, Congress by Act of 4 July 1836 authorized the President to appoint, by and with the advice and consent of the Senate, a secretary whose duty it would be to sign land patents in his name. This statute continued In effect until 19 July 1878 when the President was authorized to designate an executive clerk to perform this duty, instead of submitting a nomination for confirmation by the Senate.
The General Land Office became part of the Department of the Interior when the latter was organized 3 March 1849.
After the Act of 1800 the sales of public lands continued without material change in system but with gradual improvements in de taiL As each new area was opened to sale, the existing system was extended to it pro viding for sale at public auction with the right of purchase at private sale after the period of public offering, usually three weeks, part pay ment in cash and the balance in four years.
Prior to the Act of 26 March 1804 the lands were offered for sale in not less than half sections (320 acres). By that act the sury and sale of lands in quarter-sections (160 was authorized. Before that time payment of surveying expenses and patent fees had been required, but was discontinued by that act.
Payments for land in evidences of the pub lic debt were authorized by all the general land laws until the passage of the Act of 3 March 1803, which provided that in the purchase of the lands in Mississippi Territory, being the lands lying south of the State of Tennessee, such payments could not be made. The Act of 18 April 1806 discontinued such payments as to all public lands thereafter sold.
The Act of 24 April 1820 made a radical change, however, requiring immediate payment in full for all sales made from and after 1 July 1820. The credit system had been de moralizing. Congress had been constantly im portuned to extend the time for payment and acts for this purpose were passed at nearly every session. The privileges of these acts were limited to persons who had purchased not more than 640 acres. After 1820 such acts were passed nearly every year until the passage of the Act of 23 May 1828. which provided for the issue of certificates to represent the money paid for land which had reverted to the United States because of failure to com plete the payments. These certificates were receivable in payment on the purchase of other lands within the same State or Territory.
This act was followed by the Act of 31 March 1830 and the Act of 9 July 1832 pro viding for further relief in such cases, closing the long series of enactments for the relief of credit purchasers.
The total amount of land sold under the credit system was about 19,400,000 acres for about $47,700,000. This was scaled down by the operation of legislation, by reversions and by relinquishments to about 13,600,000 acres and the receipts were about $27,900,000, an average of a little more than $2 per acre.