Incomplete   Sovereignty

(Reference: The Hon. Judge Clel Georgetta, Golden Fleece in Nevada, Part I, Ch. 10 "A Breach of Trust":

"In 1832 the Public Lands Committee of the Senate made an extensive survey and study of the public land situation then existing and in its formal report to the Senate we find these words:

'The speedy extinction of the Federal title within their limits is necessary to the independence of the new states, to their equality with the older states, to the development of their resources, to the subjection of their soil, taxation, cultivation and settlement, and to the proper enjoyment of their jurisdiction and sovereignty...' (at 156.)

"...[T]he matter was settled by the passage of an act [in 1834] which provided that the Federal Government would continue to hold control of the public lands in the states already admitted to the Union and in any new states thereafter admitted. The act, however, specifically provided that the Federal Government acted as trustee for the benefit of the states in which lands were located and that the lands would be sold into private ownership as soon as possible. After that, of course, the lands would go on the local tax rolls and complete the sovereignty of the state. Speaking on the floor of the United States Senate, Henry Clay said:

'The General Government is a mere trustee, holding the domain in virtue of these deeds [of cession], according to the terms and conditions which they expressly describe, and it is bound to execute the trust accordingly'

 

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