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Harper's Encyclopedia of United States History (ed. Benson Lossing), Yancey, William Lowndes 1814- (search)
lands in the Territory belong to the general government, as trustee for the States. What is called the eminent domain, is vested in the United States for the purposes of temporary government alone. When the Territory becomes a State, the new State succeeds at once to the rights of eminent domain—and nothing remains to the United States but the public lands. These principles are not new. They have been declared to be correct by the Supreme Court of the United States, in Pollard's Lessee v. Hagan et al., 3 Howard's Rep. In that case the court say: We think a proper examination of this subject will show that the United States never held any municipal sovereignty, jurisdiction, or right of soil, in and to the Territory of which Alabama or any of the new States were framed, except for temporary purposes, and to execute the trusts created by the acts of the Virginia and Georgia legislatures, and the deeds of the cession executed by them to the United States, and the trusts created