The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-11-12
TO FIND HOMES, is AIM
OF PUBLIC LAND LAWS


Law, University of Idaho)
Alter the credit system was abol-
llshed sentiment began to demand
that the system pursued relative to
our public lands be changed. PEOPLE
advocated system which would pro-
vide homes for American citizens at a
small expenditure of money.
Whether the system pursued has al
ways attained that object, nevertheless
providing homes has been and is the
objective of public land laws No ques-
ton has confronted the American peo-
pie so long or so constantly as that
of the disposition of the public do
main.
1t has received the best thought of
the greatest of our early statesmen, as
well as those of the present day. 1t
furnished a subject for discussion by
Webster in his celebrated reply to
Hayne. In view of subsequent de-
velopments the following language of
Henry Clay, as chairman of the COM
mittee on manufactures of Congress,
proved prophetic:
Long after we shall cease to be agi-
tated by the tariff, ages after our man
uteatures shall have acquired stabil-
ity and perfection which will enable
them successfully to compete with the
manufactures of any other country the
public lands will remain a subject of
debate and enduring Interest. In
whatever view we contemplate them,
there is no question of such vast i'm
portance."
So interviewer have been our public
lands with other momentous political
issues that legislation has been great
w retarded aE he
states which desired to keep the
younger states from increasing their
population, and thus acquiring a large
electoral vote, contributed to a policy
detrimental to the homesteader. More
than all else, the slavery agitation re-
tarded the establishment of any def
mite public land policy.
South Bar to Liberal Policy.
Most of the vacant public land was
in the North and West. The South
objected to liberal policy allowing
the establishment of homes, because It
would mean an increase of population
in the Northern states and practically
no increase in the South. 1t finally
became. a party question. In 1874 the
Free Soil party took up the agitation
of homestead law as a part of the
platform.
The Free Sellers merged into the
Republican party in 1856, which Wig
orously pressed the fight for a home
stead law. In 1859 the homested bill
was introduced in the House and pass
ed, only to suffer defeat in the Senate.
The following year it was again intro
duced and passed the House, and,
after much alteration and many
amendments, passed the Senate.
President Buchanan vetoed it, Civ
ing as his reason that Congress did
not have the right to give away the
public lands either to states or individ-
uals." The homestead law was signed
by President Lincoln in 1862, it being
enacted after the Southern states had
seeded, thus leaving the North in
power in all departments of the gov
eminent.
Three Issues Vital in Shaping Policy.
1t was believed by many of the
early American statesmen that if our
public lands could be opened for set
Element it would solve the slavery
problem. Indeed the famous words
of Foster. of Maine, spoken in 1860
read like those of a prophet: "Give the
public lands to the people and you set
tie the slavery question"
In shaping our present policy three
great enactments stand as monuments
marking the trail-the presumption
act of l841, the homestead law OF
1862 and the three-year homestead
law of 1912 Prior to the presumption
act land was disposed of without an
objective.
Special acts gave away vast areas
The principal idea was to get rid of
public land for some little immediate
return, no matter whether it be ade-
quate or not. The presumption act
was the connecting link between the
idea of securing revenue and provid-
ing homes for the people 1t was a
compromise between those two ideas.
for it accomplished both purposes. It
was the forerunner of the general
homestead law of 1862. under which
all homestead entries were made prior
to 1912 and which is in force at the
election of the entryman in certain
cases where final proof is now made
The presumption act represents the
establishment of a general policy re-
lating to our public domain. Under
it actual settlers became a favored
class. Settlement was invited. The
public sentiment behind this policy is
reflected in the creation in l84o OF
the home department. now the De-
partment of the Interior. TO which was
transferred the management of public
land matters.
Under the presumption act the i'm
provement of and residence on not
more than 100 acres of land gave the
settler preference right to purchase
at minimum price, in most instances
at $l.2s per acre.
The three-year homestead law sim
ply amended the details of the act Of