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Updated: May 4, 2025


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.

But it was alleged that See Yup's company had in reality "struck a lead," discovered a hitherto unknown vein or original deposit of gold, not worked by the previous company, and having failed legally to declare it by preemption and public registry, in their foolish desire for secrecy, had thus forfeited their right to the property.

In his search after cause for his cousin's attack upon him, he readily fixed upon Julian's rage at the Maccabee's preëmption of the beautiful girl in the hills. Instantly, the disgrace of violence committed in a quarrel between himself and his cousin over the possession of a woman, appealed to him. And even as instantly, his defiant heart accepted its shame and persisted in its fault.

There's a forty runs up over the bluff; the lower line takes in the house and barn and down into the garden where the man they call Stanley run his line through the strawberry patch. That forty's mine yet. It's part uh the homestead. The meadowland is most all included. That was a preemption claim."

On a former occasion your attention was invited to various considerations in support of a preemption law in behalf of the settlers on the public lands, and also of a law graduating the prices for such lands as had long been in the market unsold in consequence of their inferior quality.

When ample provision shall have been made for these objects, I submit as a question worthy of serious consideration whether the residue of our national domain should not be wholly disposed of under the provisions the homestead and preemption laws.

The land laws of Kentucky had reduced to something like order the chaos of conflicting claims arising from the various grants and the different preemption customs under which settlers occupied their property.

In this usurpation the august Supreme Court of the United States upheld them. And the grounds of the decision were what? The very extraordinary dictum that a settler could not claim any right of preëmption on public lands in possession of another who had enclosed, settled upon and improved them. This was the very reverse of every known declaration of common and of statute law.

None the less the Little Fellow kept on going out into the West. We did not change our land laws for his sake, and for a time he needed no sympathy. The homestead law in combination with the preemption act and the tree claim act would enable a family to get hold of a very sizable tract of land.

In the mean time I had proved up on my preemption, and had all my land fenced in with a picket fence made of red wood pickets. I had also got sick and tired of ranching, not but what I had done fairly well, but it was too much bother for a man that had been raised as I had.

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