USA > Indiana > Jay County > Historical hand-atlas, illustrated : containing twelve farm maps, and History of Jay County, Indiana > Part 45
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SUBDIVISION OF PUBLIC LANDS.
purchase was no longer regarded as a trespass. By this statute, and the sub- sequent Act of March 3, 1843, pre-emption was engrafted upon the public land system as a permanent feature; yet restricted to surveyed lands. By Act of March 3, 1853. this privilege was extended iu California to unsurveyed lands. By Act of July 17, 1854, the same extension was made in Oregon and Washington: hy Act of July 22, 1854, in Kansas and Nebraska, and hy the statute of August 4, 1854, to Minnesota. The Act of June 2, 1862, has heen authoritatively construed as extending pre-emption to unsurveyed lands throughout the public domain. Thus, hy these slow and progressive steps the Government arrived at
THE HOMESTEAD SYSTEM. - The first Homestead Law was enacted May 20, 1862. Subsequent Acts bear date March 21, 1864, and June 21, 1860. Under the original Act, a person entitled to a pre-emption may settle upon a tract not otherwise appropriated, and not exceeding one hundred and sixty acres mini- mum, or eighty acres of double minimum lands, and hy continued occupying and cultivation for five years, may perfect his title by making proper proof of having complied with the conditions prescribed in the law, and by paying a small amount of fees to defry the expense of local administration, By Act of June 21. 1866, the public lands in Alabama, Mississippi, Louisiana, Arkansas, and Florida, are subject to disposal only under the provisions of the homestead law. The 25th section of the Act of July 15, 1870, so far modified the original Homestead Act, as to allow officers, soldiers, and sailors, wbo have served in the army or navy of the United States for ninety days, and remained loyal to the Government, to enter one hundred and sixty acres instead of eighty acres of double minimum lands, or lands held at two dollars and fifty cents per acre. In all other respects the requirements of the original and amendatory Acts remain in force, actual settlement and cultivation heing in no case dispensed with. Congress has also cnacted that any alien, of the age of twenty-one years and upward, who has entered or shall enlist in the armies of the United States, aund be honorably discharged therefrom, shall not be required to make any declaration of intention to hecome a citizen of the United States, and may, upon his petition, and on proof of honorahle military service, be admitted to full citizenship, after not less than one year's residence in the United States, and shall thereupon be entitled to all the benefits of the bomestead laws. For homestead entries on surveyed lands in Michigan. Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, and Florida, fees are to be paid according to the following
TABLE,
Commissions.
Fees.
ACRES.
Price per Acre.
When entry is made.
When certifi- cate jadues.
Wben entry is innde.
Total feea and commissions.
160
$1 25
$4 00
$4 00
$10 00
$18 00
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2 00
5 00
9 00
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1 00
5 00
7 00
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2 50
4 00
4 00
10 00
18 00
40
2 50
2 00
2 00
5 00
9 00
These rates also apply to Ohio, Indiana, and Illinois, where, however, very few isolated tracts of public land remain undisposed of.
On surveyed lands in California, Nevada, Oregon, Colorado, New Mexico, and Washington, and in Virginia, Idaho, Utah, Wyoming, and Montana, the commissions and fees are to lie paid according to the following
.
TABLE.
Commissions.
Fees.
ACRES.
Price per Acre.
When entry 18 made.
When certift- cale issues.
When entry is made.
Total fees and commissions.
160
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$6 00
$6 00
$10 00
$32 00
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3 00
5 00
11 00
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1 50
1 50
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8 00
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2 50
6 00
6 00
10 00
22 00
40
2 50
8 00
8 00
5 00
11 00
Upon payment of the fee and commissions, in accordance with the foregoing tables, the receiver will issue his receipt therefor and furnish a duplicate to the claimant. The matter will then be entered on their records and reported to the general land office.' An inceptive right is vested in the settler by such proceedings, and upon faithful ohservance of the law in regard to settlement and cultivation for the continuous term of five years, and at the expiration of that time, or within two years thereafter, upon proper proof to the satisfaction of the land officers, and payment to the receiver, the register will issue his certificate, and make proper returns to the general land office as the hasis of a patent or complete title for the homestead. In making final proof, it is indis- pensable, under the statute, that the homestead party shall appear in person at the district land office, and there make the affidavit required of him by law in support of his claim. When from physical disability, distance, or other good cause, the witnesses of said party cannot attend in person at the district office, their testimony in support of the claim may be taken where they reside, hefore an officer authorized by law to administer oaths. When a boinestead settler dies before the consummation of his claim, the widow, or in case of her death, the heirs, may continue the settlement and cultivation, and obtain title upon [ requisite proof at the proper time. If the widow proves up, the title passes to her; if she dies before proving up and the heirs make the proof, the title will vest in them. When both parents die leaving infant heirs, the bomesteads may be sold for cash for the benefit of such heirs, and the purchaser will receive title from the United States. As the law allows but one homestead privilege, a settler relinquishing or abandoning his claim, cannot thereafter make a second entry. But in case of the illegality of his entry, he may make a second claim. If the homestead settler does not wish to remain five years on his tract, the law permits him to pay for it with cash or warrants, upon making proof of settlement and cultivation for a period not less than six months from the date of entry to the time of payment.
ADJOINING FARM HOMESTEADS .- There is another class of homesteads, designated as " adjoining farm homesteads." In these cases the law allows an applicant owning and residing on an original farm, to enter otber land lying contiguous thereto, which shall not, with such farm, exceed, in the aggregate, one hundred and sixty acres. Thus, for example, a party owning and occu- pying eighty acres, may enter eighty acres additional of $1.25 land, or forty acres of $2.50 land. In entries of " adjoining farnis," the settler must describe in his affidavit the tract he owns and is settled upon, as his original farm. Actual residence on the tract entered as an adjoining farm is not required, but
bona fide improvement and cultivation of it must be shown for the period required hy tho statute. Lands obtained under the homestead laws are exempted from hahility for dobts contracted prior to the issuing of patents therefor. Under an Act of Congress of June 8. 1872, the homestead law was amended in favor of parties who served in the army or navy of the United States for ninety days, or more, during the late war, conceding to this meri- torious class, on account of their services to the country, certain rights not allowed in the general law, in taking homesteads on the public lands. It allows every soldior and officer of the army, and every senman. marine and officer of the navy, who served for the period named, and who was honorably discharged and has remained loyal to the Government, to enter, under tho provisions of the homestead law, one hundred and sixty acres of the public land, including the double minimum land. The time of service, or the whole term of enlistment, when discharged on account of wounds or dis- ahility, shall be deducted from the time heretofore required to perfect title: Provided, however, that the person shall reside upon, improve, and cultivate his homestead for a period of at least one year after he shall commenco his improvements. It is required that the period, whether one year or more, of actual service, improvement and cultivation that may he found necessary to perfect each case of entry under this Act, shall follow immediately upon the date of entry. The widow, if unmarried, or in case of her death or marriage, the minor orphan children of a person who would be entitled to the benefits of this Act, may enter lands, under its provisions, with the additional privilege accorded, that if the person died during his term of enlistment, the widow or minor children shall liave the benefit of the whole term of enlistment. Any person entitled to the benefit of this Act may file his claim for a tract of land through an agent, and shall have six months thereafter within which to make his entry, and commence his settlement and improvement upon the land. In adjudicating cases under the Soldiers and Sailors' Homestead Act of June 8, 1872, it is held that April 15, 1801, the date of the President's proclamation calling out the militia for suppressing the Rebellion, is to he taken as the begin- ning, and August 20, 1866, the date of the President's proclamation declaring the war at an end in the State of Texas, as the end of the Rebellion. Of the cases adjudicated, and principles settled under this Act, the following are noted as of general application: An unmarried woman, having entered land under the homestead law, and subsequently married, does not hy her marriage forfeit her rights under such entry, provided she should fulfil the requirements of the statute regarding settlement and cultivation of the entered tract. Where a woman, abandoned by her hushand, and acting as the head of the family, entered a homestead, and the hushand subsequently returned to his wife and family, it was held that the wife, notwithstanding the return of her husband, was entitled to perfect her entry by making the required settlement and culti- vation of the land, and to obtain a patent therefor, on making final proof after the expiration of five years from the date of entry.
TIMBER CULTURE. - Tho Timher Culture Act was enacted March 8, 1873, and amended March 13, 1874, having for its object the promotion of the growth of timber on the western prairies, by providing a method of acquiring title to public lands, on condition that timber should be grown thereon, to an extent, and for a period of time therein specified. Its provisions are: That any person wbo is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or wbo shall have filed his declara- tion of intention to become such, as required by the naturalization laws of the United States, who shall plant, protect, and keep in a bealthy growing condition for eight years, forty acres of timber, the trees thereon not being more than twelve feet apart each way, on any quarter section of any public lands of the United States, or twenty acres on any legal suhdivision of eighty acres, or ten acres, on any legal subdivision of forty acres, or one fourth part of any frac- tional subdivision of land less than forty acres, shall he entitled to a patent for the whole said quarter section, or of such legal subdivision of eighty or forty acres, or fractional subdivision of less than forty acres, as the case may be, at the expiration of said eight years, on making proof of such fact hy not less than two credible witnesses: Provided, that not more than one quarter of any section shall be thus granted, and that no person shall make more than one entry under the provisions of this Act, unless fractional suhdivisions of less than forty acres are entered, which in the aggregate shall not exceed one quarter section. Application is to be made to the register of the land district, with a fee of ten dollars, and he or she is then permitted to enter the land specified. The party making an entry of a quarter section will he required to hreak ten acres of land the first year, ten acres the second year, and twenty acres the third year after the date of entry; and to plant ten acres of timber the second year, ten acres the third year, and twenty acres the fourth year after date of entry. The same proportions are required in tracts of lesser size. It is furtber provided that any person, who has entered land under the Home- stead Act, may, at any time after his third year of residence thereon, make proof that, in addition to the settlement and improvements required under the Homestead Act, he lias had under cultivation for two years one acre of timber, the trees thereon not being more than twelvo feet apart each way, and in a good, thrifty condition, for each and every sixteen acres of said homestead, and shall thereupon receive his patent for said homestead.
EDUCATIONAL LAND BOUNTY. - The far-seeing policy and comprehensive wisdom of the Fathers of the Republic are nowhere better exemplified than in the liheral provisions made for popular education. Under the ordinance of March 20, 1785, section 16 of every Township was set apart for the endowment of public schools, a policy which at once niet with enthusiastic applause from the public, and was tacitly incorporated into the American system as one of its organic ideas. This beneficent Act continued in force, furnishing a nucleus for the educational system in all the new States, until the 14th of February, 1859, the date of the admission of Oregon into the Union, when, in the case of this new State, and all others since admitted, this grant was doubled hy the addition of the 36th section in every Township. These grants already amount to more than seventy millions of acres, covering a larger surface than the united areas of England, Wales, Scotland and Ireland.
AGRICULTURAL AND COLLEGE GRANTS. - By Act of July 2, 1862, our educa- tional endowment system was enlarged by the donation to each Stato of thirty thousand acres of public land for each Senator and Representative to which it was entitled under the apportionmont of 1860, for the support of colleges for the cultivation of agricultural and mechanical science and art. The results of this liberal donation are seen in the numerous schools and colleges created under it in the several States, the most notoworthy example of which is the Cornell University, at Itbaca, New York.
RAILROAD AID GRANTS. - The Government has also aided in the several States and Territories, hy liberal concessions of the public lands, in tbe con- struction of 12,766 miles of railroad, thus opening up otherwise inaccessible regions of country to the immigrant, and binding together with links of iron the widely-separated sections of the nation. Add to these the numerous grants in aid of internal improvements, the hounties to soldiers, and the more than sixty millions of acres of swamp and overflowed lands granted to the States, and an estimate may he formed of the genius of a Govornment originating with the people, and having no other end and aim but their welfare and prosperity.
RB Davis MQ
Annie. J. Davis
BIOGRAPHICAL.
ROBERT P. DAVIS-was elected auditor of Jay county, Indiana, in October, 1878, to serve a term of four years. In his younger days his consti- tution was delicate, but he was fond of books and possessed a great desire to obtain knowledge. He worked hard through the summer season, and attended district school during the winter. He was the elder child of poor and honest parents, aud was compelled to share much of the responsibility of supporting the family. By great self-denial he saved a sufficient amount of money to enable him to attend a course at Liber College, in the year 1857 to 1860. His sterI- ing qualities are attested by certificates from the president aud ex-president of that college. He had an unusual fondness for physiology and auatomy, and before leaving college had decided to study medicine, which he did, working a portion of the time to gain means to defray expenses. On August 6, 1862, he laid his books aside to enter the army, enlisting as a private in Company A, 84th Regiment Indiana Volunteer Infantry. His knowledge of medicine procured for bim a position in the regimeutal hospital, where three years he faithfully discharged his duty. About one month before the close of the war he was promoted to the position of assistant-surgeon of the regiment. His faithfulness as a soldier is affirmed by numerous certificates from prominent surgeons of the army. He was mistered out of service at the close of the war, in 1865. In 1868 he entered one of our leading medical colleges, where he soon rose to be one of the leaders of his class, who complimeuted him by selecting him to deliver the " Valedictory Address." He graduated at the head of his class in 1869, and has been actively engaged in his profession ever since. He is a member of the District, State and American Medical Associations. By industry and economy he has accumulated a nice little home, and by attention to business and promptness in fulfilling bis obligations has gained the confidence and respect of his acquaintances. He is a self-inade man, and is a fair example of man's ability to attain influence and respecta- bility in spite of poverty. Au injury wbich he received by the running away of a horse prevents his riding horseback without great pain. He is a temperate
man of strict integrity, and enterprising in business. His first step in the rugged path of life was taken in Lawrence county, Ohio, November 12, 1836. March 23, 1866, in Randolph county, Indiana, he was united to Annie P. Peoples, whose birth took place in Tuscarawas county, Ohio, April 16, 1844. Her parents are Jonathan and Mahala (Norris) Peoples, both of whom died when Mrs. Davis was a mere child, leaving herto stem the rugged paths of life without the protection of an indulgent father, or the kind words of a loving mother. The chief desire of her life is to make those with whom she asso- cintes comfortable and happy, and to make her fireside the place where her affections center, and her home the haveu of her rest. Mr. Davis resides in Wayne township, and is employed in attending to the duties of county auditor. His address is Portland. Au epoch in the life of Mrs. Davis is marked by the death of her brother, Captain Peoples, of Company E. He had long had a presentiment that his death would occur in the first battle in which he should participate. This idea had gained possession of lus mind during the time the regiment was in frout of Dalton, in February previons, and still occupied his thoughts. As he was leading his company through the belt of timber, just before encountering the enemy's fire, he said to Sergeant B. F. Perce, " I shall be killed in this battle, but I am ready." The line moved forward in the open field, and the captain and sergeant lay down together to protect themselves from the charge, and, while in the act of raising hi. head, a ball struck bim in the forehead, passing entirely through the head. The sergeant, with others of the company, took the body from the field, after the sable curtain of uight had fallen, and washed it for its burial. The grave was muade ready at the solemn hour of midnight, and, uot unlike the burial of Sir John Moore, the precious dust consigued to its narrow bed-a few broken utterances of grief, a heartfelt prayer for the loving wife, who, in her far-off home, would wait and watch for the sound of steps that never again would greet her ear-the stars above looking softly down, and keeping a holy watch " o'er the grave where our hero we buried."
1
INDIANA CONSTITUTIONAL AMENDMENTS.
LAAdopted March 15th, 188/.]
The present Constitution of the State took effect on the first day of November, 1851, having heen adopted as a whole, except Article 13th, providing for the "exclusion and colonization of negroex and mulattues," which was submitted as a distmet proposi- tion, and it secured a majority of the votes cast, and became a part of the fundamental law of the State.
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