GOVERNMENT OWNERSHIP. The public do main embraces lands known in the United States as "public lands," lying in certain states and territories known as "land states and territories," and was acquired by the government of the United States by treaty, conquest, cession by states or other nations, and purchase, and is disposed of under and by authority of the national government, when the Indian title thereto (which is one of possession merely) has been extinguished by treaty stipulations or otherwise.
The fee in unsold lands is either in the federal or state governments. The Indians have only a right of use, which, however, cannot be divested, except by purchase or war ; Godfrey v. Beardsley, 2 McLean, 412, Fed. Cas. No. 5,497.
They have the unquestionable right to the lands which they occupy until extin guished by a voluntary cession to the gov ernment; Leavenworth, L. & G. R. Co. v. U. S., 92 U. S. 733, 23 L. Ed. 634; while the claim of the government extends to the com plete ultimate title, charged with the right of possession by the Indians, and to the ex clusive power of acquiring that title of pos session; Johnson v. McIntosh, 8 Wheat. (U. S.) 603, 5 L. Ed. 681; Fletcher v. Peck, 6 Cra. (II. S.) 87, 3 L. Ed. 162; Holden v. Joy, 17 Wall. (U. S.) 211, 21 L. Ed. 523; Beecher v. Wetherby, 95 U. S. 517, 24 L. Ed? 440.
The English possessions in America were not claimed by right of conquest, but by right of discovery. The discoveries were made by persons acting under the authority of the government for, the benefit of the na tion; and the crown, according to, the prin ciples of the British constitution, was the proper organ to dispose of the public do main; Martin v. Waddell, 16 Pet. (U. S.) 409, 10 L. Ed. 997. The United States holds th'e public lands within the new states by force of the deeds of cession and the statutes connected with them and not by any munic ipal sovereignty which it may be supposed they possess or have reserved by compact with the new states, for that particular pur pose ; Pollard v. Hagan, 3 How. (U. S.) 224, 11 L. Ed. 565.
The interest of the United States in lands held by it within state boundaries is simply proprietary, the sovereignty residing within the state, and its rights differ from those of any ordinary land-holder in the state, only as provided in the constitution of the United States, and by the terms of the com pact between the general and the state gov ernment at the time of the admission of the latter into the Union ; State v. Bachelder, 5 Minn. 223 (Gil. 178), 80 Am. Dec. 410.
All lands in the territories not appropri ated by competent authority before they were acquired are, in the first instance; the exclusive property of the United States, to be disposed of to such persons, at such times and in such modes and by such titles, as the government may deem most advantageous to the public ; Irvine v. Marshall, 20 How. (U.
S.) 561, 15 L. Ed. 994.
The United States is the sole owner of the soil, and has entire and complete juris diction over it. Through congress, it pro vides the methods of disposition under grants, settlement laws, or sales, public or private; may prevent trespasses, and in all methods retain the entire control over it until sold or otherwise disposed of. Con gress has the same power over it as over any other property belonging to the United States, and this power is vested in congress without any limitation ; U. S. v. Railroad Bridge Co., 6 McLean 517, Fed. Cas. No. 16, 114 ; Gibson v. Chouteau, 13 Wall. (U. S.) 92, 20 L. Ed. 534; Irvine v. Marshall, 20 How. (U. S.) 558, 15 L. Ed. 994; U. S. v. Gratiot, 14 Pet. (U. S.) 526, 10 L. Ed. 573; and any change of political condition, as in a territory becoming a state, or change of boundary of a territory or state, in no wise affects the absolute and complete proprietary power of the national government over the public domain. It remains until the last acre is dispdsed of. It cannot be taxed by a state; Jourdan v. Barrett, 4 How. (U. S.) 169, 11 L. Ed. 924 ; nor can a state exercise any power or control over the public lands which may, lie within its limits; Turner .v. Missionary Union, 5 McLean 344, Fed. Cas.
No. 14,251; U. S. v. 14 Pet. (II. S.) 526, 10 L. Ed. 573 ; Jourdan v. Barrett 4 How, (U. S.) 169, 11 L. Ed. 924; U. S. v. Bridge Co., 6 McLean 517, Fed. Cas. No. 16, 114.
The control of the United States over its own property is independent of local ity, and no state or territory can interfere with their control; enjoyment, or disposal of such property; nor are the contracts of the government with respect to subjects within its constitutional competency, local, or confined in their effect and operation strictly to the situ's of the subjects to which they relate ; Irvine v. Marshall, 20 How. (U. S.) 558, 15 L. Ed. 994.
For the amount of the public lands and the manner in which it was acquired by the national government, see Donaldson's History of the Public Domain, p. 10; H. R. Misc. Does. No. 45, part 4, 2d Sess. 47th Cong., vol. 10.
The secretary of the treasury has power to sell lands devised to the United States; act of March 3, 1903.