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Updated: May 4, 2025
Mason instructed me to prepare a letter, in answer, for his signature. I wrote off a letter, reciting that California was yet a Mexican province, simply held by us as a conquest; that no laws of the United States yet applied to it, much less the land laws or preemption laws, which could only apply after a public survey.
Nor would such disposition of the proceeds of the sales in any manner prevent Congress from time to time from passing all necessary preemption laws for the benefit of actual settlers, or from making any new arrangement as to the price of the public lands which might in future be esteemed desirable.
I had noticed a change in Benson's appearance, but had not thought much about it till one Saturday I sent him to haul some pickets over to my preemption claim. That night, having company, I did not go to the cabin on the claim, but stayed on the other place.
Philadelphus paled suddenly with anger as the intent of his companion dawned upon him, but he put off his temper shrewdly. "And so approaching a time when wayside beauties will no longer be free to me," he said, cutting off his fellow in the beginning of his preëmption. "And you have a long freedom before you." There was so much challenge in his manner that Julian accepted it.
They should be protected from the grasping speculator and secured, at the minimum price of the public lands, in the humble homes which they have improved by their labor. With this end in view, all vexatious or unnecessary restrictions imposed upon them by the existing preemption laws should be repealed or modified.
The price to all has been reduced from $2 per acre to $1.25 for fresh lands, and the claims of actual settlers have been secured by our preemption laws. Any man can now acquire a title in fee simple to a homestead of 80 acres, at the minimum price of $1.25 per acre, for $100.
Yet, as it might add value to the location, he dispatched to our headquarters at Monterey, as I have already related, the two men with a written application for a preemption to the quarter-section of land at Coloma. Marshall returned to the mill, but could not keep out of his wonderful ditch, and by some means the other men employed there learned his secret.
In securing to all such their rights of preemption the Government performs but an act of retributive justice for sufferings encountered and hardships endured, and finds ample remuneration in the comforts which its policy insures and the happiness which it imparts.
Unfortunately for them, they found the various points of vantage already garrisoned with notices of "preemption" for mining purposes in the name of the various members of the Alvarado family. This stroke of business was due to Mrs. Mulrady, as a means of mollifying the conscientious scruples of her husband and of placating the Alvarados, in view of some remote contingency.
Yet, as it might add value to the location, he dispatched to our headquarters at Monterey, as I have already related, the two men with a written application for a preemption to the quarter-section of land at Coloma. Marshall returned to the mill, but could not keep out of his wonderful ditch, and by some means the other men employed there learned his secret.
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