The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-04-14
HOMESTEADS

HOMESTEADS
NIX. JULIAN ON THE PRESENT CONGRESS
TINkERING- RADICAL DEFECTS IN THE
PROPOSED TREATMENT CF PRESENT LAND
QUEsTIoNs-THE INTERESTS OF THE Ac-
TUAL SETTLER SACRIFICED TO sPECuIA-
TORS AND MoNoPoLIsrs.
In letter to the Tribune. Mr.. milan
says: Allow me to saw a word to the read
ers of the Tribune respecting the amended
homestead bill which recently passed the
House of Representatives. AS well-con-
sldered digest and re-enactment of the best
features of the old presumption and home-
stead laws, the measure is to be COM
mended; but it seems to Inc radically
defective in two or three particnIars
to which invite the attention of those
VINO desire genuine and thorough
reform of our vicious land policy. In the
hrst place, the BILL as / understand it. I'M
conoitlonaliy repeats the Southern Home
stead law of 1866. This was enacted TO save
from the clutches of spectators and mo-
nopolists over forty-six million acres of sur-
veyed, unsold public lands in the states of
Alabama, Mississippi, Louisiana, Florida,
ana Arkansas. These lands had once been
otered, and were liable to be gobbled up
by the sharks, who were known to be living
IN wait to pounce upon them Just as soon as
the machinery of the land department
should be restored in those states. 1t was to
avert this great mischief and to save these
lands for actual homestead settlers only. that
this most timely and beneficial act was
passed. 1t has been fully vindicated by
time, and has proved a continuing rock of
ofense to monopolists, who have for wears
past been seeking its repeal in order that
they might buy up in large tracts for specu-
lative purposes the best of the lands. and to
this extent hinder the development of these
land states. Now, the amended homestead
Dill, II comprehend its effect, breaks down
the wall which has guarded these lands since
The year 1866. 1t is true they will be open to
homestead entry and settlement ike other
public lands, but this right of home
stead can be summarily cut off
at any moment by the specu-
lator through his right of private entry in
large tracts, the land having been offered at
public sale, and not having been reserved
py congress Tor any other purpose. Why
repeal this act Of 1866, which is thus shown
to have been so necessary to meet the ex-
ceptional condition of the lands to which it
applies? Congress, for eight years past, has
refused to do this! Has the lobby which
now demands it any better right to be
heard than heretofore? But aside from these
SOUTHERN LANDS,
and on general principles, the bill fails as a
measure of reform. 1t should have embodied
an express provision requiring all lands fit
for cultivation to be disposed of according
to its terms, and not otherwise. This would
have met the general, if not universal, popu-
lar demand. 1t would have cut up the evil
of land speculation, root and branch / be-
lieve congress is ready for such sweeping
measure. More than four years ago the
House of Representatives. by a vote of nearly
two to one, declared that no more of the
culture shall be disposed of except
to actual settlers, in quantities not
exceeding 16O acres to one person. WHY not
make this the law? 1t was said the other
day in the debate on this new homestead
bill in the House that such provision
would not do, because there are great GUAM
titles of the public lands which are com par
atively worthless. and that nothing can be
done with them, except TO sell them 10
large tracts for perhaps ten cents per acre
The answer to this is that.such lands could
be excepted from the homestead require
but that as to agricultural lands,
the bill should forbid any DISPOSE
ton except for actual settlement and cultiva-
ton. The speculator should not be allowed
to touch them. 1t was further argued in
defense OF the bill that no more lands can
be sold to spectators unless thelpresdent
shall issue his proclamation of public sale
and that no such public sales have been pro.
claimed for years past. or are likely to be-
This is begging the question. We live under
Vi law, anu uOL OF
GRACE OR DISCRETION.
It's theory is that our rulers are liable tc
abuse their power, and need to be hedged
about by restrictions and prohibitions To
say that the president, having the legal
power to throw the public land into the
grasp of spectators and monopolists, a.
several of his predecessors have done, VIII
not exercise that power, is to say that he il
proof against temptation and beyond the
reach of Hobbies and ''rings" of all sorts.
; submit that no man will say anything sc
extravagant who has paid anv attention &c
the civil service of the government or the
general course of the administration for the
past four or five years. Congress, and congress
alone. has the power to define and establish
the land policy Of the country, and its fail
J ure to enact the vital provision, / suggest
has shorn the homestead act of 1862 of one
half its value. Let the defect be supplied
and the nations policy on this great ques.
ton be Enthusiastically fixed. The bill fails
to embody another very important and
greatly needed provision. Under recent de-
cisions of the Supreme Court of the United
States, settlers on the public land under oul
presumption laws, are mere tenants-at- will
liable to be turned out of their homes by
the government at any time prior to
their final payment. They may have re-
sided on their lands for years, and mad,
lasting and valnaOle improvements In g00C
! faith, and desire to go forward in the per
formance of all the conditions on which tn,
government has
PROMISED THEM A TITLE;
and yet their improvements may be confls
Gated in the interest Of other persons, wh'
may acquire both land and Improvement
through its violated faith to the first settler
or course this ruling must apply to the per
, fectly analogous case Of settlers under thu
homestead law. In order to right the
wrong done by this "Dred Scott decision
, of the American pioneer" the neS
, when a person shall seek title under it
provisions his bona fida settlement, in al
r cases, shall be deemed to create a contrac
bet Ween the poyernment and himself and