was the first object, and this was attained
by public sale to the highest bidder, and subsequently by the right of
private purchase at a fixed minimum. It was soon discovered that the
surest and most speedy means of promoting the wealth and prosperity of
the country was by encouraging actual settlement and occupation, and
hence a system of preemption rights, resulting most beneficially, in all
the Western Territories. By progressive steps it has advanced to the
homestead principle, securing to every head of a family, widow, and
single man 21 years of age and to every soldier who has borne arms for
his country a landed estate sufficient, with industry, for the purpose
of independent support.

Without tracing the system of preemption laws through the several
stages, it is sufficient to observe that it rests upon certain just
and plain principles, firmly established in all our legislation. The
object of these laws is to encourage the expansion of population and
the development of agricultural interests, and hence they have been
invariably restricted to settlers. Actual residence and cultivation are
made indispensable conditions; and, to guard the privilege from abuses
of speculation or monopoly, the law is rigid as to the mode of
establishing claims by adequate testimony, with penalties for perjury.
Mining, trading, or any pursuit other than culture of the soil is
interdicted, mineral lands being expressly excluded from preemption
privileges, excepting those containing coal, which, in quantities not
exceeding 160 acres, are restricted to individuals in actual possession
and commerce, with an enhanced minimum of $20 per acre.

For a quarter of a century the quantity of land subject to agricultural
preemption has been limited so as not to exceed a quarter section, or
160 acres; and, still further to guard against monopoly, the privilege
of preemption is not allowed to any person who owns 320 acres of land in
any State or Territory of the United States, nor is any person entitled
to more than one preemptive right, nor is it extended to lands to which
the Indian usufruct has not been extinguished. To restrict the
privilege within reasonable limits, credit to the ordinary preemptor on
_offered_ land is not extended beyond twelve months, within which time
the minimum price must be paid. Where the settlement is upon _unoffered_
territory, the time for payment is limited to the day of public offering
designated by proclamation of