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

" and raise log cabin or other dwelling
thereon" This language is very indefinite.
No clear, precise meaning IS given 70 the
word settlement, inhabitancy, Improvement,
log cabin, or other dwelling. 1t Is certainly
open to the construction, even If it will admit
of any other, that the slightest improvement,
the frailrst tenement, the shortest occupancy,
will suffice. The bill does not provide what
shall be the natuso or the extent Of the i'm
provemeni, what the dwelling, or how long
it shall be inhabited, TO confer the privileges
secured by it. The occupant may improve
q foot at Iand-may cut down single tree
clear away a few bushes-build rod Of
fence-erect the slightest possible dwelling,
not larger than is sufficient to contain his
person-remain on the land for a short time
only-entering upon it with the rising sun,
and departing from it when it sets, and then
claim the benefits OF presumption. He is
not. by the words Of the act, required to make
bona fde settlement and improvement.
Wholly different was the law Of 1885 IN
this respect. That provided that the settler
should evince the honesty Of his purpose. the
sincerity of his act of settlement, the bona
Gdes of his intention, by his being either the
head ola family, or over 81 years OF ago.
and also q house-keeper, by personally resi-
months next preceding the passage Of the
act. This furnished some security that ms
design was not speculation in the public
lands for his own benefit, or for others not
fraud upon the equity Of the pre-empsion
law not a mere nominal improvement OF
the land and a temporary settlement upon II.
Under that law, he could not come nor 60 IN
a night erect building which would per-
ish in less than week make mere show
of residence and improvement, and then
claim the pre-emption. He was to have
family, or be over 81 years of age; a house.
keeper; an actual settler, and this for at
least four months, and down TO the passage
of the act. If this is somewhat Indefinite It
is muc!. less so than the proposed act. IL
provided some test of honesty and sincerity,
and, perhaps, practically furnished, IN most
cases, ADEQUATE security that the settlement
was made in good faith. 1t excluded mi
nors it neither broke up, nor held out In
duccments to destroy the relation OF parent
and child and its legal consequences. 1t
was the house, keeper only for whom provl-
sion was made, and such person, It would
be expected, would have a comfortable
dwelling, and the time OF his residence was
to be four months at least, that it might ap-
near that he was not mere solourner, but
that his residence was intended to be perma-
nent.
The bill under consideration contains no
such salutary provisions. 1t opens wide
door to fraudulent settlements, and to the
perversioDs of that equity on which. it is al
legged, all pre.emption laws rest, and by rea-
son of which supposed equity such laws have
found advocates and friends. What neces.
sity exists for this unusually loose legisla-
ton! Why should encouragement be given
A. l..1 hnNm An hn
urged sufficient to justify law which in Its
operation, will benefit mainly the Spectator
and rich man? Why should those who
wish to force, more rapidly than heretofore,
the settlement of the new States, and to in
crease in a still greater ratio, their numbers,
countenance project which. so far from Sc
curing to them an industrious and perma.
nent population, holds out inducements
mainly 10 such as have no intention to be-
come citizens and residents. bat 4, use the
law for the p9:rroses Of speculation, and to
:.ad to their already overgrown wealth?
" The Senate will thus perceive who are the
special objects Of the bounty Of the Govern
ment, and what acts are required of them
to cntiile them to receive it. 1t will DO seen
that the class is exceedingly numerous, and
little else than what is tantamount TO a de-
mana of the boon is required az prelimina-
W
settler entitled to the pre-emptionl To what
portions of the public land is he confined 3
It would seem reasonable that his right
should extend, in ordinary cases, only to that
quarter section on which he has settled: for
his equity arises out of the fact that he has
settled upon and improved the land, End
there erected his dwelling. The law of pre-.
emption is founded On the assumed principle
that it would be unjust to take from an hon.
est and meritorious settler the fruits of his in.
dustry. To protect him, therefore, in the
enjoyment of the product Of his labor is the
design Of the law, which gives him priority
in the purchase. He should, Of course, un.
less strong reasons exist for an exception
in particular cases, be restricted in the right
to the property on which that labor has been
bestowed. -..... . ..
And such was the law of 1893. But in
the provisions of this bill no such restriction
is found. The settler is entitled "to a pre-.
emption in the purchase of a quantity Of pub
Tic land not exceeding one quarter section, in
legal subdivisions" &c. He need not con-
fine himselfto any portion Of that on which he
has made a settlement. provided he can find
any public land, in any State or Territory,
which is open to pre-emption. He may
traverse the whole Western country, select
the best quarter section he can find which is
not pre.occupied or reserved. and is the sub.
ject of pre-emption, and under color and by
virtue of his settlement on other land, claim
the pre.emption right. Nor is he expressly
limited in his selection, to public lands to
which the Indian title has been extinguished.
or which have been surveyed. If no sur
vey of il has been made, and perhaps the In
dun title is still outstanding, he may settle
VNOr