Presidents -- United States -- Messages; United States -- Politics and government -- Sources
A modification of the existing laws in respect to the prices of the public
lands might also have a favorable influence on the legislation of Congress
in relation to another branch of the subject. Many who have not the ability
to buy at present prices settle on those lands with the hope of acquiring
from their cultivation the means of purchasing under preemption laws from
time to time passed by Congress. For this encroachment on the rights of the
United States they excuse themselves under the plea of their own
necessities; the fact that they dispossess nobody and only enter upon the
waste domain: that they give additional value to the public lands in their
vicinity, and their intention ultimately to pay the Government price. So
much weight has from time to time been attached to these considerations
that Congress have passed laws giving actual settlers on the public lands a
right of preemption to the tracts occupied by them at the minimum price.
These laws have in all instances been retrospective in their operation, but
in a few years after their passage crowds of new settlers have been found
on the public lands for similar reasons and under like expectations, who
have been indulged with the same privilege. This course of legislation
tends to impair public respect for the laws of the country. Either the laws
to prevent intrusion upon the public lands should be executed, or, if that
should be impracticable or inexpedient, they should be modified or
repealed. If the public lands are to be considered as open to be occupied
by any, they should by law be thrown open to all. That which is intended in
all instances to be legalized should at once be made legal, that those who
are disposed to conform to the laws may enjoy at least equal privileges
with those who are not. But it is not believed to be the disposition of
Congress to open the public lands to occupancy without regular entry and
payment of the Government price, as such a course must tend to worse evils
than the credit system, which it was found necessary to abolish.
It would seem, therefore, to be the part of wisdom and sound policy to
remove as far as practicable the causes which produce intrusions upon the
public lands, and then take efficient steps to prevent them in future.
Would any single measure be so effective in removing all plausible grounds
for these intrusions as the graduation of price already suggested? A short
period of industry and economy in any part of our country would enable the
poorest citizen to accumulate the means to buy him a home at the lower
prices, and leave him without apology for settling on lands not his own. If
he did not under such circumstances, he would enlist no sympathy in his
favor, and the laws would be readily executed without doing violence to
public opinion.
Public-domain text, read in full here on John Shaqi.
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