The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1846-02-20

in the legal accep,a,ou of the term, by which
they can claim rsh, to remain upon them, and
that they are therefore mere tenants at will, aud
NAV be evic,ed whenever the state sees proper !:
tiocination which. il used in the circuit court,
would sustain Inc ion for new trial on the
ground ,ha, the counsel was non compos.
Have these prc-emption claimants entered into
no cnnTac, with the state. and are they therefore
mere tenants at will \ contract is defined in
law 10 he san agr, .mcnt upon a sufficient conSi-
drrat,cn 10 do OF not to do particular thing"
No atcmP, is made by the writer Of the article in
question 10 ieny that tina, there isan agreement
between &C state aud the settlers, but he con-
tends 4 al there is no consideration nothing TO
be given or performed on the pau Of the settlers
til al il il Que sided, and therefore not within
the Inc ming Of tie law contract, Now, to say
.iolhlng OF the megaae,S that would Justify tho
state in hrc4kinIa snemn "ag cement with the
settlers on the ground that on stric. technical
priuci2le- it canuo, he odtg.d to live up to it, lie,
US see whether there Is not in this case in the
sriciest sense q suilicen, and valid consideration
| Aud here i, may be necessary 10 remark that the
law never measures theguaHtuni OF the considerG-
lion. "Any degree of reciprocity" says Black
stone, 's suiliccn, TO prevent the pact from being
nude" and lift is but Ihe interchange Of pepper
corn, as other books have.
| We will first quote from the act of the lecisla-
turc of Illinois, approved March a. 1897, (Gah',
Sat. 1881 showing what the agreement between
the state and the settlers is
SEC. 9. The said agent shall visit eve
ry person residing upon, or culllvailng
any part Of the canal lands, and upon the
execution Of a bond By any such person,
as hereinafter required, any one Of the
agents is hereby authorized to deliver to
such person mTiHen permit 10 remain
upon the Lo,3 or 10 continue 10 cultivate
the same, until the said land is ajceriis-
ed f0, sale By the state, FREE FROM ANY
CHARGE OF RENT, and to use for lAel only
the timber and wood lying upon the
ground.
The 5,h section of the same get prcscribcs toe
covenants that the s,a.e anl the settlers shall
enter into in this bond, and the consideration,
which, as it is the inponan, pari, We put in
italics:
SEC. 5. The obliceos Of any honl ex.
ecued as aforesaid shall be considered as
bound, first, that tho person to whom the
permit is given. will not use any timber,
or tree Of any description, standing Or
growing upon canal lands, for any pur-
pose whatever; second, that he will not
use Cor fuel, any timber or wood Of any
description, situated upon any canal lands,
except that described in the permit; Third,
that he miH net permit any person 10 use
or fake any tree. timber or rood c0 Of
The imd describe in The permit; tourth,
that he ,cW surrender The possession of
The lands described in the permit, 10 The
agent ofMe State, together Nth all i'm
prOusmenis thereon, phenegcr said lands
shall be aircriiced for sale; fth, that
he miH not sell or transfer his right Of
possession, nor rent or lease the same for
a longer time han one gear; sixth, that
in case of violation or breach of any
condition upon which the permit is gwen,
tina, the agent of the State shall have the
righ, to take possession of the premises,
with all improvements thereon.
VIII any sane man contend that here is not a
Sufficient consideration" on the part Of the set
tier Is it nothing 10 protect the canal timber, to
surrender up all hisimprovemens (worih in many
cases more than the land itself to The state, when
the land is advertised for sale, or to covenant no,
to sell, rent, or lease his right Of possession irr
more than year
| Having thus Shown that there IL, 10 the strict
| legal sense If the word, a contract between the
state aud the settlers, it follows necessarily that
they are not "icuan,s IA, will" but have vested
rights, tina, no subsequent act Of the state eau i'm
pair, and tia, these rights can only be terminated
in the particular manner pointed out in the cove
nans To wit, bs the advertisement Of the lands. it
the usual way, br sale, which noholy contends
| l. 81. han Loo,