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Show 238 HISTORY OF PUBLIC LAND LAW DEVELOPMENT ure to authorize the indirect assumption of state debts by the Federal government.51 Democratic opposition and the view of some Whig leaders that such a policy would be disastrous kept the issue from gaining headway. At this point Clay saw that distribution could not win in Congress without western support. He was willing to concede prospective preemption to the West in return for its aiding distribution. The two measures combined would retain the votes of the Representatives of most old states and win sufficient from those of the public land states. But to sweeten the pill even more, a provision was grafted onto the distribution measure to grant 500,000 acres for internal improvements to each public land state which had not already received such aid. As a final inducement, each public land state was to receive 10 percent of the net proceeds from public land sales within its borders. The balance of the net proceeds was to be distributed to all the states on the basis of their representation in the Congress and the public land states would have their respective shares of it. Other amendments proposed by westerners to graduate the price of land and to make all lands taxable the day they were sold were defeated. A final amendment insisted upon by the Tyler Whigs required that, if the tariff were raised above the 20 percent level, distribution should cease. In this form the Act of 1841 passed. It was a Whig measure opposed by most Democrats though it carried one of their dearest objectives-prospective preemption-along with aid for internal improvements. Distribution, they feared, would prevent graduation, cession, and sales only to settlers in the future, and besides they did not want to give credit to Clay for preemption. As matters fell out, the 51 Reginald C. McCrane, Foreign Bondholders and American State Debts (New York, 1935), Chap. 2, "Wanted: Federal Aid." On state debts B. U. Ratchford, American State Debts (Durham, N. C, 1941) is useful. tariff was shortly raised above the 20 percent level and in 1842 distribution was halted.52 The Act of 1841 The Act of 1841 abandoned the view that all settlement on unoffered public land was illegal but sanctioned future settlement only on surveyed land. It was to take another decade before Congress was prepared to allow preemption on unsurveyed land and then it was permitted for a time in a few states only. The usual maximum, of 160 acres could be claimed by settlers who inhabited and improved the land, erected a dwelling on it, and at the proper time paid $1.25 an acre. Persons eligible for preemption were heads of families, widows, or single men over 21, who either were citizens or had filed a declaration of intention to take out citizenship. Persons owning 320 acres or more and anyone "who shall quit or abandon his residence on his own land to reside on the public land in the same State or Territory" were ineligible. No one could gain more than one preemption under the act. Settlers on unoffered land were required to prove up and pay for their land at the opening of the public sale; those on previously offered land were to file declaratory statements either within 3 months after the passage of the act or within 30 days after they began their settlements, indicating their intention to preempt their tracts; and within 12 months they were to prove up and pay for the land. At that time they were to make oath before the register or receiver that they had never previously preempted under this act, were not owners of 320 acres, had not settled on the land to sell for "Excellent on preemption is Roy M. Robbins, Our Landed Heritage. The Public Domain, 1776-1936 (Princeton, N.J., 1942), pp. 72 ff. The House vote was 116-108 and the Senate vote 28-23. We may conclude that members voted yea or nay more because of distribution than preemption. House Journal, 27th Cong., 1st sess. (Serial No. 391), July 6, 1841, p. 222 and Senate Journal, 27th Cong., 1st sess. (Serial No. 389), Aug. 26, 1841, p. 2 Hi. |