Colonial Precedents of Our National Land System As It Existed in 1800

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910. Excerpt: ... CHAPTER VII SQUATTERS AND PREEMPTION RIGHTS The national legislation of 1785 regarding land, which contemplated revenue only, provided no other means of acquiring title to land than by purchase. This entirely shut out the squatters--men who took up vacant land without any legal right, depending on time and their improvements to gain them a title. After many years the rigid national plan was altered here and there and made so adaptable to western conditions as to recognize these extra-legal settlements; at first only in specific, local instances, but more and more generously, till at last settlers were guaranteed a title in advance on the basis of their improvements and residence, and the term "squatters" gave way to the more honored name of "homesteaders." First Appearance Of The Squatter This practice of "squatting" on lands was one of the oldest traditions in the colonies, and had become too general to be wiped out by legislation. It had gone on steadily in the face of prohibitory laws, threats, and forcible eviction. It did not develop to any appreciable extent till the third decade of the 18th century; but there are occasional earlier evidences of the custom. Before the arrival of the Massachusetts Bay Company in New England, there were settlers without charter or grant living at various places within the limits of the Bay--among others Morton and his adventurers at Mt. Wollaston in Quincy, a few "stragling" people at Hull, and William Blackstone at Shawmut.1 yThe first Connecticut settlers were legally trespassers on 1 Memorial Hist, of Boston (Justin Winsor, editor), I, 78, 80, 83-86. their territory, and could base their rights only on occupation and purchase from the Indians.2 The Massachusetts law of 1640 that no one should settle on vacant land ...