Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1846-02-14

way nonest anu O0nd /tue putChuseis W." y"
able TO obtain their patents, and claims that
are unjust and inequi.able can be finally re-
iected. Some measure OF this kind s IN
Indispensable to relieve this office from embar-
rassment, and remove The .doub, and uncer.
tainty which hang over the titles OF some Of
our citizens to the very farms on which they
have resided for years. rs5s
would also lee immend the propriety OF
making certain notifications in the present
pre.emp,ion law, which may contribute TO
carry out, in more liberal spirit, the be.
neficent policy of government in the enact.
ment Of such laws.
The first modification would suggest is
the extension of the pre- emption priaciple
to all settlers on unsurveyed public land,
after the ex,ingushment Of the Indian title.
This change is called for by considerations
Of Justice and policy.
The emigration to the west is incre asing
50 rapidly, that the settlements on the
frontiers are extending far in advance Of
the surveys. The men who form those set.
dement's are Justly entitled to the protec-
ton and favor OF government; and yet,
strange as it may appear, the whole OF thi.
class is, by existing legislation, excluded
from the privileges Of presumption; while
claimants Of no greater merit, under the Rio
Hondo settlement and Florida armed occu-
patton act, are limited by no such restric.
tons.
consider the spirit Of the presumption
principle violated, when the first settlers,
who open the way for succeeding emigra.
ton, are deprived Of the benefit OF their set.
Elements because they have been made on
unsurveyed public land; and despoiled Of
their homes, perhaps, by the very men
whom they have pioneered into the coun-
try, merely because the latter happened to
become the first settler on the land after il
is surveyed. The law in this respec, tends
to reward cupidity and favor spoiation, and
ought 10 be modified at once, ia such man
er as 10 prevent the commission Of such fla
grant injustice.
The second change would recommend,
is the extension Of the right Of presumption
to settlers on surveyed land whose settle
ments commenced prior to LIST June, 1910.
The act Of 4th September, 184l, only
makes provision for settlements commenced
since the LIST Of June, 1870; while prior set.
tiers, who cannot secure their rights under
the acts Of 1888 and 1910, in consequence
of restrictive provisions of those acts, are
excluded from the privilege Of prescription,
and their Improvements are liable 70 be en-.
tered by others, who may have settled on
the premises subsequent to the LIST OF June,
l84O The frs, settler, who continues to
inhabit the land, should be preferred in all
such cases, and the law should be so modii.
ed as to allow him the privilege OF entering
his improvement by pre- emption.
My third recommendation is, TO extend
:, a i tc,l skA esvkN
Of pre.emption to so much adjoining or
neighboring land as may be necessary for
fuel, fencing and other similar purposes. In
some OF the northwestern States and Ter
ritories the farms OF many Of the settlers
are situated in prairies, and are wholly de.
pendan, on the adjoining lands for timber.
, BY the existing law, each settler is confined
5 to the quarter section on which he resides,
and prevented from obtaining, by pre.emp.
ton, an adjoining tract, without which, pet
haps, his improvement cannot be enjoyed.
By permitting such settlers to enter tract
of wood land near his farm, grea, benefit
will be conferred on him, and no detriment
occasioned to the government. This would
prevent the surrounding timber lands from
n being entered by Inscriptions pre-emptors,
whose sole object is to speculate upon the
necessities OF settlers on the prairie.
My further recommendation on this head
would be to modify the laws so as to enable
a settler to enter, il he desires it, forty
n acre tract, or a quarter quarter section.
y The subdivisions created by the act Of
e April S, 1882, ,o.wt: quarter quarter sec.
IS tons, are now only liable to private entry az.
ter the land has been proclaimed and offered
a, public sale, and then only under certain
restrictions. If the law would authorize
" presumption entries of such tracts, il might
= be of some advantage to that class Of set
5. tiers whose scanty means prevent them
t; from entering larger quantity. They
10 would thus, by obtaining an interest in the
/, soil, have stronger inducements TO make
permanent Improvements, instead Of being
y mere tenants at will to either private indi.
T. vlduals or the government. Some Of these
re suggestions may not appear TO be Of materi-
Of al moment to those unacquainted with the
r. wants and privations of the frontier set
m tiers; but it will be recollected that whatev.
r. or affects the well being Of the humblest
be citizen is never too trivial for the consider
- alton of liberal and enlightened govern
G. ment. The general extension and enlarge
a. ment OF the pre- emption principle, in aspir-
it of true liberality,to all persons over The
age OF lG years who are settlers on public
lands, whether surveyed or unsurveyed, to
he which the Indian title has been extinguished,
will have the most beneficial effect unon the