Papers Of Abraham Lincoln

THIRTIETH CONGRESS—SECOND SESSION.
H. R. 796.
IN THE HOUSE OF REPRESENTATIVES.
February 27, 1849.
Read twice, and laid upon the table.
Mr. W. R. W. Cobb, on leave, introduced the following bill:
A BILL
To reduce and graduate the price of the public lands to actual
settlers and cultivators, and for other purposes.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That all public lands of the United States,
which have been offered for sale for three years or
more, shall, to actual settlers and cultivators, be subject
to entry at one dollar per acre until the first day of July,
one thousand eight hundred and fifty; all then remaining
unsold shall be subject to entry at seventy-five cents per
acre until the first day of July, one thousand eight hun-
dred and fifty-two; all then remaining unsold shall be sub-
ject to entry at fifty cents per acre until the first day of
July, one thousand eight hundred and fifty-four; all then

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11 remaining unsold shall be subject to entry at twenty-five
cents per acre until the first day of July, one thousand
eight hundred and fifty-six; and all then remaining unsold
shall, thereafter, be subject to entry at twelve and a half
cents per acre.
Sec. 2. And be it further enacted, That all public
lands, which have been, or may hereafter be, offered for
sale, shall, at the expiration of three years from the date
of offering, be subject to the same system of graduation,
entry, and cession, as is prescribed in the foregoing sec-
tion: Provided, That no one person, under the provisions
of this act, shall be authorized to purchase more than one
half section at the two lowest rates; that is to say: at
twenty-five and twelve and a half cents per acre.
Sec. 3. And it be further enacted, That upon every
reduction in price, under the provisions of this act, the
occupants and settlers upon the lands shall have the right
of pre-emption at such graduated or reduced prices; which
right shall extend to a period of one year, from and after
the date when the respective reduction shall take place;
and any lands not entered by the respective occupants and
settlers within that period, shall be liable to be entered or
purchased by any other person until the next graduation
or reductions shall take place; and if not so purchased,
shall again be subject to right of pre-emption for twelve

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6 months as before, and so on, from time to time, as reduc-
tions take place: Provided, That nothing contained in
this act shall be construed to interfere with any right
which has accrued or may accrue by virtue of any act
granting pre-emption to actual settlers upon public lands.
Sec. 4. And be it further enacted, That any person
applying to enter any of the aforesaid lands under the pro-
visions of this act, shall be required to make affidavit be-
fore the register or receiver of the proper land office,
that he or she enters the same for his or her own use, and
for the purpose of actual settlement and cultivation, or for
the use of an adjoining farm or plantation, owned or occu-
pied by him or herself; and, together with said entry, he
or she has not acquired from the United States, under the
provisions of this act, more than three hundred and twenty
acres according to the established surveys. And if any
person taking such affidavit shall swear falsely in the
premises, he or she shall be subject to all the pains and
penalties of perjury.
Sec. 5. And it be further enacted, That where there
are no settlements made upon any public lands of the
United States, which have been offered for sale for the
time specified in the act, then it may be lawful for any
person or persons to enter quantities not to exceed one
quarter section under the provisions of this act.

1 2 3 4 5 6 7 8 9 10 11 12	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That all public lands of the United States, which have been offered for sale for three years or more, shall, to actual settlers and cultivators, be subject to entry at one dollar per acre until the first day of July, one thousand eight hundred and fifty; all then remaining unsold shall be subject to entry at seventy-five cents per acre until the first day of July, one thousand eight hun- dred and fifty-two; all then remaining unsold shall be sub- ject to entry at fifty cents per acre until the first day of July, one thousand eight hundred and fifty-four; all then
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13 14 15 16 17 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11	remaining unsold shall be subject to entry at twenty-five cents per acre until the first day of July, one thousand eight hundred and fifty-six; and all then remaining unsold shall, thereafter, be subject to entry at twelve and a half cents per acre. Sec. 2. And be it further enacted, That all public lands, which have been, or may hereafter be, offered for sale, shall, at the expiration of three years from the date of offering, be subject to the same system of graduation, entry, and cession, as is prescribed in the foregoing sec- tion: Provided, That no one person, under the provisions of this act, shall be authorized to purchase more than one half section at the two lowest rates; that is to say: at twenty-five and twelve and a half cents per acre. Sec. 3. And it be further enacted, That upon every reduction in price, under the provisions of this act, the occupants and settlers upon the lands shall have the right of pre-emption at such graduated or reduced prices; which right shall extend to a period of one year, from and after the date when the respective reduction shall take place; and any lands not entered by the respective occupants and settlers within that period, shall be liable to be entered or purchased by any other person until the next graduation or reductions shall take place; and if not so purchased, shall again be subject to right of pre-emption for twelve
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12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6	months as before, and so on, from time to time, as reduc- tions take place: Provided, That nothing contained in this act shall be construed to interfere with any right which has accrued or may accrue by virtue of any act granting pre-emption to actual settlers upon public lands. Sec. 4. And be it further enacted, That any person applying to enter any of the aforesaid lands under the pro- visions of this act, shall be required to make affidavit be- fore the register or receiver of the proper land office, that he or she enters the same for his or her own use, and for the purpose of actual settlement and cultivation, or for the use of an adjoining farm or plantation, owned or occu- pied by him or herself; and, together with said entry, he or she has not acquired from the United States, under the provisions of this act, more than three hundred and twenty acres according to the established surveys. And if any person taking such affidavit shall swear falsely in the premises, he or she shall be subject to all the pains and penalties of perjury. Sec. 5. And it be further enacted, That where there are no settlements made upon any public lands of the United States, which have been offered for sale for the time specified in the act, then it may be lawful for any person or persons to enter quantities not to exceed one quarter section under the provisions of this act.