In this country land belonging to the public can only be granted away by authority of the legislative department. Such authority can be given by the legislative department of the United States or of a particular State in one of two ways: First, there may be a special legislative act expressly transferring certain land to certain parties; or second, there may be a general legislative act providing how individuals in general may acquire title to a portion of the public lands. In the first class of cases the legislative act will serve as evidence of the title and no deed or patent is generally given. All persons acquiring title from the government under a general legislative act receive a patent from the government.

"A patent is a complete appropriation of the land it describes, and passes to the grantee, or, as he is sometimes styled, the patentee, all the interest of the State or the United States, whatever it may be, in everything connected with the soil, or forming any portion of its bed, or fixed to its surface; in short, in everything embraced within the term "land." It is conclusive evidence of the right of the patentee to the land described therein, not only as between himself and the government, but as between himself and a third person who has not a superior title from a source of paramount proprietorship. When issued to a confirmee of a foreign grant, it operates like the deed of any other grantor, and passes only such interest as the government possessed, the deed taking effect by relation from the initiation of the series of proceedings for confirmation, and of which it forms the last act." 6