Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1841-02-04

in legal subdivisions" IL not prejudicial to
the rights Of others. What power y mere
given and what opportunity is afforded to
gain priority in the purchase of the best Of
the public lands! The settler may, If he
please, erect his dwelling on different quar-
ter sections. He may select those which are
particularly valuable in quality, or which
possess important water privileges or other
advantages. They may be contiguous to
each other in different quarter sectlons.-
And when the period arrives that his pre-
emption right is to be perfected, he may Sc
lect an entire quarter section, or parts OF
each, shut out ali others during the time al
lowed him TO make the purchase, and thus
gain priority as to one entire quarter section,
or to portions of two, at his election; Can
any good reason be given for such license
as thisi WHY should he be allowed to settle
on adjoining quarter sections, and then avail
himself Of the peculiar privileges OF both, to
| the exclusion of other equally meritorious
settlers?
The bill also gives, in one event, the pre-
emption in more than one hundred and sixty
acres, For although, in the first section. 1t
provides that the settler shall be limited to
quantity not exceeding one quarter section.
in legal subdivisions" it declares, in the 4th
section, that where this quantity cannot be
had entire, the entries may be made in tracts
of eighty acres, or forty acres, or fractions
and when the fraction shall be more than
the quantity required to complete the pre-.
emption, the excess shall be paid TOR, ma
the prc.emption right shall extend to the
whole fraction. 1t will be seen that there is
no prohibition to settling on tract where
! the quantity cannot be had entire; and OF
course nothing to prevent, in such cases, an
entry in fractions and, in case of excess, a
right to more than quarter section. IL
would be difficult to assign satisfactory
reason for comforting such privilege.
Another unusual, unnecessary, and most
extraordinary privilege is conferred by this
bill on the settlers on the public lands. by
the law of 1888, it was enacted that where
more than one person had settled upon any
one quarter section. each should nave an
equal share in ii, but should have no claim
to any other land by virtue Of that act. The
policy ofthis provision is quite obvious. Its
Justice is equally apparent. BY the present
bill, if two or more persons shall have set
tied on the same quarter section, It shall be
divided between them, and the deficiency
made up to each out of the contiguous vacant
ground, excluding, however, from the bene-
fit of this provision wilful intruder on the
known claim of another. 1t will be seen that
the pre.emption right TO what is equivalent
to a whole quarter section attaches in favor
of each settler, where there is more than one,
on the same quarter section; and 1t is to be
remembered that there is no prohibition to
an amicable settlement and improvement,
by two or more, of the same. now ask the
attention of the Senate to the consequences
which may follow from the adoption OF this
provision, especially when taken in connex-
ion with other provisions to which have ad-
verted. ANY number Of individuals may as
sociate to improve the same quarter section.
The head of q family who has several sons
over eighteen years Of ese may put them on
such q section, and obtain for himself, thro'
them. or they may obtain for themselves,
each, one hundred and sixty acres. Combi-
nations of persons, in any numbers, may be
formed, for the very purpose Of acquiring the
prior right of purchase Of this quantity
Hundreds may associate from every nation
upon the earth, enter upon the same quarter
section, erect a building just sufficient TO hold
their persons, improve the smallest portion
of the land, and for the shortest time, and
then each has q lawful claim TO what is equal
to q quarter section. This would indeed
give an inchoate right to very large guam.
tity of the public lands. II would spread
over immense tracts of the national domain,
the beneficial lien Of pre-emption. 1t would
lock il up from the enterprise of others. 1t
would secure it, for limited period, from
the claims Of all others. 1t might, If carried
TO its extreme limits. bind most of the valua-
bic lands of the United States, which are
subject to the operation of the bill, with the
strong cord of pre-emption, and which no
law could break. And will the Senate adopt
a measure producing such results? Will
they open the public lands to adventures OF
any and every character from every portion
of the world, and allow them to unite in ma
king fraudulent settlement, and obtain, ms
the fruits of il. a quarter section for each
Do our Western friends desire such privile.
ges to be given, indiscrimnately. to those
who choose to avail themselves OF them!
Will this give to the new states healthy,
sound, Industrious, and permanent popula-
iion! Is this for the benefit of the poor man
who seeks n home in the far west, builds his
log cabin. improves the ground. and in good
faith intends to become permanent settler!
The bill is open, however, to objections
even Of a more serious and important char
acter than any which have been mentiond.
1t may be doubted whether the exemption
from the operation Of the bill, of lands are
served and appropriated" is sufficiently ex-
plicit and comprehensive to reach portions
of the public lands which ought not to be
subject 10 its provisions. ! mean such re-
servations to Indians by treaty stipulaiions
as have been since purchased of them by the
United States, and which, l am informed,
embrace some of the most valuable of our
lands. Wheiher'all these lands are reserved
from sale by act of Congress, or by order Of
the President, or have been appropriated for
some purpose, do not know. l invite tho
attention of Senators who are better acquain-