In Both Forms The Parties Enter At The
Minimum Price Of The Public Lands.
The chief advantage which the
preemptors for municipal purposes enjoy, is, that they have by statute
a preference over agricultural preemptors, the land selected for a
town site being secured by statute against general and ordinary, that
is, agricultural preemption.
In all other respects material to the
present inquiry, we may assume, for the argument's sake at least, that
the two classes stand on a footing of equality, as respects either the
convicting interests of third persons, or the rights of the
Now, the rights of an agricultural preemptor we understand. He is
entitled, if he shall "make a settlement in person on the public
lands," and "shall inhabit and improve the same, and shall erect a
dwelling thereon," to enter, "by legal subdivisions, any number of
acres not exceeding one hundred and sixty, or a quarter-section of
land, to include the residence of such claimant." (Act of 1841, s.
10.) And of two settlers on "the same quarter-section of land," the
earlier one is to have the preference. (Sec. 11.)
Now, was it ever imagined that such claimant must personally inhabit
every quarter quarter-section of his claim? That he must have under
cultivation every quarter quarter-section? That he must erect a
dwelling on every quarter quarter-section? And that, if he failed to
do this, any such quarter of his quarter-section might be preempted by
a later occupant?
There is no pretension that such is the condition of the ordinary
preemptor, and that he is thus held to inhabit, to cultivate, to dwell
on, every quarter quarter-section, under penalty of having it seized
by another preemptor, or entered in course by any public or private
Enter page number
Page 180 of 188
Words from 48416 to 48713