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
Less than two years ago it appears to have been the deliberate judgment
of Congress that tracts of land containing coal beds or coal fields
should be sold, after three months' notice, to the bidder at public
auction who would give the highest price over $20 per acre, and that
a citizen engaged in the business of actual coal mining on the public
domain should only secure a tract of 160 acres, at private entry, upon
payment of $20 per acre and formal and satisfactory proof that he in all
respects came within the requirements of the statute. It can not be that
the coal fields of Montana have depreciated nearly twenty fold in value
since July, 1864. So complete a revolution in the land policy as is
manifested by this act can only be ascribed, therefore, to an
inadvertence, which Congress will, I trust, promptly correct.
Believing that the preemption policy--so deliberately adopted, so long
practiced, so carefully guarded with a view to the disposal of the
public lands in a manner that would promote the population and
prosperity of the country--should not be perverted to the purposes
contemplated by this bill, I would be constrained to withhold my
sanction even if this company were, as natural persons, entitled to the
privileges of ordinary preemptors; for if a corporation, as the name and
the absence of any designation of individuals would denote, the measure
before me is liable to another fatal objection.
Why should incorporated companies have the privileges of individual
preemptors? What principle of justice requires such a policy? What
motive of public welfare can fail to condemn it? Lands held by
corporations were regarded by ancient laws as held in mortmain, or by
"dead hand," and from the time of Magna Charta corporations required
the royal license to hold land, because such holding was regarded as in
derogation of public policy and common right. Preemption is itself a
special privilege, only authorized by its supposed public benefit in
promoting the settlement and cultivation of vacant territory and in
rewarding the enterprise of the persons upon whom the privilege is
bestowed. "Preemption rights," as declared by the Supreme Court of the
United States, "are founded in an enlightened public policy, rendered
necessary by the enterprise of our citizens. The adventurous pioneer,
who is found in advance of our settlements, encounters many hardships,
and not unfrequently dangers from savage incursions. He is generally
poor, and it is fit that his enterprise should be rewarded by the
privilege of purchasing the spot selected by him, not to exceed 160
acres."
Public-domain text, read in full here on John Shaqi.
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