The Act of 24 April 1820 made other import ant changes than requiring cash payments. It provided that from and after 1 July 1820 all public lands should be offered for sale in half quarter sections, or 80-acre tracts. This had not been previously permitted except in six designated sections of each township, author ized by the Act of 22 Feb. 1817. When dis posed of at private sale the purchaser had the option of buying as much as a section (640 acres). The Act of 1820 also fixed the mini mum price, whether at public or private sale, as 1.25 per acre. The act also provided that pub lic sales should be kept open for two weeks.
By the Act of 5 April 1832 the sale of quar ter-quarter sections, or 40-acre tracts, was authorized.
In pursuance of the early policy for the sale of the public lands in large blocks every effort was made to prevent settlement on the lands prior to purchase.
On 15 June 1785 Congress, under the Articles of Confederation, passed a resolution forbid ding settlement on the public domain. Other warnings were given in various ways. The Act of 3 March 1807 prohibited such settle ment under penalty of forfeiting any right or claim that the settler may have, and the Presi dent was authorized to use the civil and mili tary forces to remove such persons from the lands. An exception was made in favor of set tlers prior to the passage of the act who, upon application to the local land office, could ob tain permission to occupy the lands as tenants at will, but must remove from them when a sale was made.
On 25 March 1816 a similar privilege of tem porary occupation on application was given to all who had settled upon public lands prior to 1 Feb. 1816. The right to make such applica tion was to continue for one year from the date of the act. On 3 March 1817 Congress ex tended this time to 3 March 1818, and on 20 April for another year.
Meanwhile the difficulty of preventing settle ment prior to sale, and the gradual abandon ment of the idea of obtaining a large revenue from the sale of the lands, due no doubt to the increasing prosperity of the nation, induced the policy of encouraging settlement and home making upon the public lands. Pre-emption entries based upon settlement were accordingly authorized from time to time for certain spea fied areas.
The first right of pre-emption or preference right was given by the act of 2 March in favor of those who had made contracts with Symmes or his associates for lands which were not included in the area patented to them. This
right was not based upon settlement, aneithe Act of 10 May 1800 was the first to give such a right based upon occupation of the land, namely, to those who had erected or had begun to erect a gristmill or a sawmill in the Ohio country before the passage of the act.
From time to time acts were passed provid ing for pre-emption rights within certain areas and subject to varying conditions. By 1830 a large part of the public land was comprehended within the operation of these acts.
On 29 May 1830 the first pre-emption act of general application was passed, allowing entry y those who had settled on the land before that date, and remaining in force for one year.
On 5 April 1832 'all actual settlers, being housekeepers upon the public lands? were al lowed the right to enter, within six months after the passage of the act, a tract not exceeding 80 acres, to include their improvements. By vari ous subsequent enactments these provisions were continued in force until the passage of the general Pre-emption Act of 4 Sept. 1841.
This act provides that 'every person being the head of a family, or widow, or single man, over the age of 21 years, and being a citizen of the United States, or having filed his declara tion to become a citizen? who since 1 June 1840 has made, or shall thereafter make, set, tlement in person on surveyed public land and live upon and improve the may enter not exceeding 160 acres at the minimum price of $1.25 per acre. No person was entitled to make more than one such entry, nor could any one make such entry who was the owner of 320 acres of land.
In 1853 and 1854 the right of pre-emption on unsurveyed lands was extended to a number of the States, and afterward, by the Act of 2 June 1862. to all unsurveyed public land.
The passage of the Pre-emption Act and the change in sentiment regarding the public lands rendered less important the early system of disposing of the lands at public sale.
Soon after the passage of the Pre-emption Act the Commissioner of the General rand Office was, by the Act of 3 Aug. 1846, authorized to offer for sale isolated or disconnected tracts which had not previously been offered without the formality and expense of a proclamation by the President, which had previously been required.