The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-06


ously injurious the actual settlers the public do
As far practical these evils have been remedied
by construction and instructions but the law is in
herenty defective Ii it be designed to engraft this
feature permanently land system the privilege Of
purchasing at the graduated price should have been
limited to pre-emptors, or made general 10 alt Now,
il is alleged that persons take the oath required by
the law, with the mental qualification that the land
win be required for actual settlement and cntiva-
ton some future time Others, it is stated have
employed men to 60 forward and make the afhda-
Wit paying all their expenses, and also paying for the
andthe employer agreeing to give his employees, in fee
simple portion say an eighth or quarter Of the land
entered retaining the balance The only corrective
OF this abuse in the power of the ONCE was to refuse to
recognise assignments OF entries OF this character and
to issue the patents to the in whose names the
entries made, and this rule has been established
Efforts have been made enter lands actually occupied
ami cultivated but to which the settlers had pre-
empton claim. This has been refused on the ground
that the settler being in occupancy OF the land could
not and should not be ousted of his improvement by
party who wished to settle upon the land to the
prejudice Of the settlers occupancy. Attempts have
also been made to enter land in the names Of femmes
covert minors &c This too has been refused for the
that the obligation of settlement and cultiva
ton required TO constitute the right to enter under the
law eontemplates q contract, and hence those only
Of contracting. The proviso to the second section
renders the execution of the law exceedingly In
necton with the several presumption laws in such
ner to make II thoroughly understood In fixing the
periods for the several casses fractions Of years
dsreqarded from necessity to prevent the dates bec0m
ing 30 numerous as to produce confusion.
in many cases. as you aware the several parts Of
the township, for various causes we're offered at
different periods, frequently years apart, and hence
these several parts in different classes In such
IL would have been desirable to fix mean date the
average period Of Offering but the Office had not the power
to do So The pre- cmpton clause is peculiar feature
in this law. Its effect to give to preemptors settle
on offered lands perpetual credit subject only to the
risk Of entry by others for month at the end Of
each period graduation other words to donate the
land subject only thi. risk. The effect, though
cnsby beneficial to the settlers, would probably prove
most them in the main Resting in fancied
security the in viii IA they would be to this
risk be forgotten and their land and
he taken by SPECTATORS Or death might interpose and
difficulties arise in subsequent domestic arrangement
to whom the entries authorised by the law should be
made This would certainly lead to litigation and might
have the still more disastrous and unhappy eject of pro
oucing discord and contention in families
The basis Of this Law ia the time the lands have been
in the market II has been heretofore fully shown that
from eight twelve millions Of have been annually
brought into the market while the demand has only
ranged from one four millions. would be absurd 10
suppose that all the best lands Grs purchased or
that the lands 6rst entered were Of the best quality
Our people are cminenty social in their habits, and
moreover naturally congregae together Cor the sdvsn
secs Of churches Schools aud mutual assistance The
inference Is sr therefore, that EXCEPT the most worth