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Railroad

half of these lands have been patented, i.e., final conveyance of land grants. title has been made to the railroad companies or to others who have

Arid lands.

Various reservations.

purchased the land from them. These grants consist of alternate sections lying within wide strips that cross the western part of the country, along the lines of the several railroads.

A large part (332,000,000 acres in 1900) of the public domain is arid. How much of this may be reclaimed by irrigation is uncertain. "In 1902 Congress enacted a law providing that the proceeds from the sales of public lands in certain States and Territories should be expended by the National Government in the construction of irrigation works. The establishment of this policy marks an era in the development of our Western States."

Many large tracts of land have been retained by the general government as reservations; these are not open to settlement. The forest reserves are intended as a protection for the sources of great rivers. Several National parks (including the Yellowstone and the Yosemite) preserve, for the common good of all, regions of great scenic beauty and scientific interest. Reservoir sites have been reserved in several localities, with a view to the establishment of future irrigation systems. Great tracts of land, located in many States, are preserved as Indian reservations.* Military reservations comprise the tracts lying adjacent to western military posts.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. What were the circumstances under which the northwestern States ceded their lands? Hart, Formation of the Union, 107-109; Fiske, Critical Period, 187-199; Hinsdale, Old Northwest, chapters 11-14. See references below to McMaster, Schouler, etc., in topic 12.

2. What were the admirable features of the Ordinance of 1787? Walker, 39-40; Fiske, Critical Period, 203-207; Hinsdale, Old Northwest, chapters 15-16. The Ordinance itself is found in Old South Leaflets, No. 13.

3. What reasons seemed to make necessary the removal of the Indians beyond the Mississippi River? Schouler, III, 371-378, 477-480; IV, 233-235, 319-320; Wilson, 35–38; McMaster, IV, 175–183, 537-540.

* See the wall map of the United States, published by the General Land Office, Department of the Interior.

4. What is your opinion of our government's policy toward the Indians?

5. What is the character of the slavery that exists in the Sulu Islands? Outlook, 66: 578-587.

6. What part of the total area of the United States is now open to settlement?

7. What should be the policy of the government toward public lands? The Remnant of Our National Estate, Forum, 27: 347-354.

8. By which method is the land of your State surveyed? Obtain the surveyor's description of a piece of land in your locality. What States do not have the United States survey? Why not? Are there reservations in your State? The map published by the General Land Office shows in detail, Principal Meridians, Base Lines, land offices and reservations.

9. The government of Territories and possessions. Cooley, Principles of Constitutional Law, 35-36, 50-51, 170-174; Bryce, I, chapter 47; Atlantic Mo., 82: 735-742; Arena, 21 84-90; Forum, 29: 257-262; Judson, Rev. of R's, 19 67-75; 21: 451-456; McMaster, Annexation and Universal Suffrage, Forum, 26: 393-402; N. Am. Rev., 168 112-120; Outlook, 63: 907-909; 966-968; 64: 244-245; Hart, Brother Jonathan's Colonies, Harper's Mag., 98: 319-328; Harrison, Status of Annexed Territory and its Inhabitants, N. Am. Rev., 172: 1-22; The Government of Porto Rico, Forum, 28: 257-267; 403-411; 30: 717-721; The Supreme Court decision, Outlook, 68: 337-339.

10. Our Indian problem, Forum, 18: 622-629; 28: 737740; N. Am. Rev., 159: 434-447; 160: 195-202; 167: 719728; Outlook, 59: 695–696; Grinnell, The Indians of Today; (Contains detailed account of Indians on Reservations.) Reports of Commissioner of Indian Affairs (Department of Interior); Abridgment of Messages and Documents; The Indian Territory-its Status, Development and Future, Rev. of R's, 23: 451-458.

11. The Admission of States. Cooley, Principles of Constitutional Law, 175-183; Bryce, I, 555-556 (582-583). 12. Land Policy of the United States, McMaster, History of the United States, II, 476-478; III, 89-121;

Schouler, History of the United States, I, 97–101, 198–199; II, 74-75; III, 191-192; IV, 66-68, 152-156; Hart, Practical Essays on American Government, chapter 10; Donaldson, Public Domain. (A government publication containing the documentary history of our public lands, House Miscellaneous Documents, 1882-83, vol. 19.) West, The Public Domain of the United States. (Reprint from Yearbook of Department of Agriculture for 1898.) Reports of Commissioner of General Land Office (Department of Interior); Abridgment of Messages and Documents.

13. Upon the irrigation of arid lands, consult Rev. of R's, 8: 394-406; 10: 396-400; 17: 612-613; 30: 49-51; Arena, 17: 389-398; Pop. Sci. Mo., 50: 424; 66: 243-255; Outlook, 66: 337-344; Century Mag., 50: 85-99; 51: 742–758.

14. The Government of the Philippines, 1898-1902. Rev. of R's, 26: 544-597; Philippine Independence, Outlook, 76: 10241027; 77: 375-376; 931-934.

CHAPTER XXIX

AMENDMENTS TO THE CONSTITUTION

As already noted, it was practically impossible to amend the Articles of Confederation. The conviction was general, therefore, in the Constitutional Convention that some plan should be adopted by which the Constitution might be made to conform to the requirements of future conditions, as well as guard against changes too easily secured. Article V provides for amendments as follows:

The Congress, whenever two-thirds of both houses shall Article V. deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-✔ thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

Amendments to the Constitution may thus be proposed in two ways: by a vote of two-thirds of both houses or by a National convention called by Congress for that purpose on the application of two-thirds of the

Methods of proposing

amend

ments.

of amend

State legislatures. The convention method has never been used in proposing amendments to the Constitution.

Amendments may also be ratified by either of two methods by the legislatures in three-fourths of the Ratification several States, or by conventions in three-fourths therements. of. When Congress has proposed an amendment, it has designated that the ratification should be by the State legislatures. The method used in proposing and in adopting amendments seems the best, for the bodies called upon to act may be easily summoned.

Permanent feature of the Constitution.

Amend

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The most permanent part of the Constitution was secured through the provision that "no State, without its consent, shall be deprived of its equal suffrage in the Senate."

Some 1,300 amendments to the Constitution have been Number of proposed in an official way. Nineteen of these have been presented to the State legislatures for ratification and fifteen only have received the requisite three-fourths vote. These amendments have now the same force as the original Constitution.

ments. American Historical Association Reports, 1896, II, p. 19.

Bill of
Rights.

One of the chief arguments against the Constitution was that it did not contain a Bill of Rights, and consequently it was asserted that the rights of the individual citizen could not be maintained. As already noted (page 133) some of the States were induced to ratify the Constitution, even with this omission, providing they were given the privilege of recommending amendments. One hundred and forty-six propositions in the nature of amendments, many of them being repetitions, were presented by the various States to the first Congress. Seventeen amendments, largely selected from these, were proposed by the House of Representatives. Twelve were agreed to by the Senate and ten were ratified by three-fourths of the State legislatures. The

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