A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Without tracing the system of preemption laws through the several
stages, it is sufficient to observe that it rests upon certain just
and plain principles, firmly established in all our legislation. The
object of these laws is to encourage the expansion of population and
the development of agricultural interests, and hence they have been
invariably restricted to settlers. Actual residence and cultivation are
made indispensable conditions; and, to guard the privilege from abuses
of speculation or monopoly, the law is rigid as to the mode of
establishing claims by adequate testimony, with penalties for perjury.
Mining, trading, or any pursuit other than culture of the soil is
interdicted, mineral lands being expressly excluded from preemption
privileges, excepting those containing coal, which, in quantities not
exceeding 160 acres, are restricted to individuals in actual possession
and commerce, with an enhanced minimum of $20 per acre.
For a quarter of a century the quantity of land subject to agricultural
preemption has been limited so as not to exceed a quarter section, or
160 acres; and, still further to guard against monopoly, the privilege
of preemption is not allowed to any person who owns 320 acres of land in
any State or Territory of the United States, nor is any person entitled
to more than one preemptive right, nor is it extended to lands to which
the Indian usufruct has not been extinguished. To restrict the
privilege within reasonable limits, credit to the ordinary preemptor on
_offered_ land is not extended beyond twelve months, within which time
the minimum price must be paid. Where the settlement is upon _unoffered_
territory, the time for payment is limited to the day of public offering
designated by proclamation of the President; while, to prevent
depreciation of the land by waste or destruction of what may constitute
its value, penal enactments have been made for the punishment of persons
depredating upon public timber.
Now, supposing the New York and Montana Iron Mining and Manufacturing
Company to be entitled to all the preemption rights which it has been
found just and expedient to bestow upon natural persons, it will be seen
that the privileges conferred by the bill in question are in direct
conflict with every principle heretofore observed in respect to the
disposal of the public lands.
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