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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.
Our experience under the act, passed at the last session, to grant preemption rights to settlers on the public lands has as yet been too limited to enable us to pronounce with safety upon the efficacy of its provisions to carry out the wise and liberal policy of the Government in that respect. There is, however, the best reason to anticipate favorable results from its operation.
And since a great number of the Western farmers had simply taken up their lands, before they were thrown open to sale, and made improvements on them without procuring titles, they feared the enforcement of the federal law against them and clamored for a preëmption system which would secure them their land, when the day of sales did come, at the minimum price, $1.25 per acre.
It was soon, however, found that the object of the laws was perverted, under the system of cash sales, from a distribution of land among the people to an accumulation of land capital by wealthy and speculative persons. To check this tendency a preference right of purchase was given to settlers on the land, a plan which culminated in the general preemption act of 1841.
I recommend that the benefits of our land laws and preemption system be extended to the people of Utah by the establishment of a land office in that Territory. I have occasion also to congratulate you on the result of our negotiations with China.
Actual settlers under existing laws are protected against other purchasers at the public sales in their right of preemption to the extent of a quarter section, or 160 acres, of land. The remainder may then be disposed of at public or entered at private sale in unlimited quantities. Speculation has of late years prevailed to a great extent in the public lands.
But although that title was held to be good even after the abandonment of their original occupation, and the establishment of shops, offices, and dwellings on the site of the deserted places, the suburbs of the town and outlying districts were more precariously held by squatters, under the presumption of their being public land open to preemption, or the settlement of school-land warrants upon them.
Twice have the crow-blackbirds attempted a settlement in my pines, and twice have the robins, who claim a right of preemption, so successfully played the part of border-ruffians as to drive them away, to my great regret, for they are the best substitute we have for rooks. Their port is grave, and their stalk across the turf as martial as that of a second-rate ghost in Hamlet.
Among the topics deserving particular attention I refer you to his observations respecting our Indian affairs, the preemption and timber-culture acts, the failure of railroad companies to take title to lands granted by the Government, and the operations of the Pension Office, the Patent Office, the Census Bureau, and the Bureau of Education.
The preemption laws confer upon the pioneer who complies with the terms they impose the privilege of purchasing a limited portion of "unoffered lands" at the minimum price. The homestead enactments relieve the settler from the payment of purchase money, and secure him a permanent home upon the condition of residence for a term of years.
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