VIII.

FARM LAND AND LAND-LAWS OF THE UNITED STATES.

THIS Essay is intended to convey some general idea of the actual distribution of land in the United States; the proportion of landowners to population; the laws which relate to land as to facilities of transfer, descent, &c.; as well as some information as to the fitness of the Irish emigrant for becoming the owner and cultivator of land.

In a country so vast as the United States, there must necessarily be few individuals whose opportunities for observation can be sufficiently extensive to enable them to speak positively upon all the foregoing points, as relating to the country at large. It will also be seen that in America the enormous amount of lands eminently suited for agriculture, must necessarily influence the operation and working of the laws affecting land; and to the former fact, perhaps, more than to the laws, must be attributed the great prosperity of the country, which, to the man of observation, must be apparent in the driving of the ploughshare over wide fields between the two great oceans of this half-continent, and from the inland seas of the north to the tropics; in establishing, according to the census of 1860, above 2,440,000 farms, and in creating cities rivalling some of the proud capitals of Europe which had been founded a thousand years ago. These, with towns and villages, numbered at the above date 28,000, and contained at that time a fraction less than 5,000,000 of houses; pointing, in a significant way, to the industry of our population.

THE LANDS OF THE UNITED STATES.

THE agricultural area of the United States, by the last census, in 1860, embraced 163,110,720 acres of improved land, and 244,101,818 acres of land unimproved. In other words, for every two acres of improved land there were, at the period in question, three acres of land connected therewith not under cultivation; while the gross aggregate of uncultivated territory, fertile and waste, swells to 1,466,969,862 acres.

This fact determines the agriculture of the country. Land is abundant and cheap, while labour is scarce and dear. Even in the older-settled States there is much land that can be purchased at extremely low rates; and, by a recent Act of Congress known as the Free Homestead Law, every citizen of the United States, or any foreigner who shall declare his intention of becoming a citizen, can have a farm of 160 acres without charge. As good land as any in the world is offered to actual settlers on these easy terms.

Under such circumstances it is evident that the highfarming system of agriculture which is practised in some older and more densely-populated countries, where labour is abundant and the land mostly under cultivation, cannot, as a general rule, be profitably adopted at present in this new country. It has been said that American agriculture is half a century behind that of Great Britain. In one sense this is perhaps true. Our land is not as thoroughly under-drained, manured, and cultivated as that of England, Scotland, or Belgium; but we can, and do now, produce a bushel of wheat at much less cost than the most scientific farmer of England can by the best approved method of cultivation, even if he paid nothing for the use of his land.

The following Table exhibits the amount of improved, unimproved, and cash value of farm lands, the aggregate population, and the number of farmers and farm-labourers in each State, as collected from all the official records of most recent date procurable.

The total population is, I believe, now estimated to

be upwards of 40,000,000, and at the period when the next census will be taken, 1870, next year, the expectation is that the population will be found to number even 42,500,000.

48,726,804

379,994 20,836 10,421

Alabama

Arkansas

1,983,313 7,590,393

California

2,468,034 6,262,000

Connecticut

1,830,807

Delaware

Florida

Georgia

Illinois

'Indiana

Iowa

Kansas.

Kentucky

Louisiana

673,457 90,830,005 460,147 30,612 11,489 637,065 367,230 31,426,357 112,216 7,284 4,122 654,213 2,266,015 16,435,727 140,424 7,534 1,329 8,062,758 18,587,732 157,072,803 1,057,286 67,718 19,567 13,096,374 7,815,615 408,944,033 1,711,951 153,646 47,216 8,242,183 8,146,109 356,712,175 1,350,428 158,714 40,827 3,792,792 6,277,115 119,899,547 674,913 88,628 27,196 405,468 1,372,932 12,258,239 107,206 15,572 3,660 7,644,208 11,519,053 291,496,955 1,155,684 110,937 36,627 2,707,108 6,591,468 204,789,662 708,002 14,996 5,483 2,704,133 3,023,538 78,688,525 628,279 64,843 15,865 3,002,267 1,833,304 145.973,677 687,049 27,696 12,920 2,155,512 1,183,212 123,255,948 1,231,066 45,204 17,430 3,476,296 3,554,538 160,836,495 749,113 88,657 35,884 556,250 2,155,718 27,505,922 172,023 27,921 5,065,755 10,773,929 190,760,367 791,305 46,308 7,972 6,246,871 13,737,939 230,632,126 1,182,012 124,989 39,396 1,377,591 69,689,761 326,073 35,392 10,152 1,944,441 1,039,084 180,250,338 672,035 30,325 18,429 14,358,403 6,616,555 803,343,5933,880,735 254,786 115,728 6,517,284 17,245,685 143,301,065 992,622 85,198 19,119 12,625,394 7,846,747 678,132,991 2,339,511 223,485 76,484 1,164,125 15,200,593 52,465 7,861 1,260 6,548,844 662,050,707 2,906,215 180,613 69,104 Rhode Island. 335,128 186,096 19,550,553 174,620 6,875 3,510 South Carolina 4,572,060 11,623,859 139,652,508 703,708 35,137 6,312 6,795,337 13,873,828 271,358,985 1,109,801 103,835 25,990 2,650,781 22,693,247 88,101,320 604,215 51,569 6,537 2,823,157 1,451,257

New Hampshire 2,367,034

896,414

Pennsylvania. 10,463,296

94,289,045 315,098 38,967 14,022 11,437,822 19,679,215 371,761,661 1,596,318 108,958 30,518 13,746,167 4,147,420 131,117,164 775,881 93,859 31,472

The laws of the United States and the various States of the United States do not differ very materially as to the method of conveying real estate.

Many of the States have by special legislation defined certain words, so as to simplify the mode or form of making deeds of conveyance, and perhaps it will not be out of place to recite at length the usual form of such a deed.

"THIS DEED, made the

day of

in the year Between (here insert the names of the parties) Witnesseth: that in consideration of (here state the consideration) the said doth (or do) grant unto the said_

All &c. (here describe the property, and insert covenants or any other provisions).

"Witness the following signature and seal (or signatures and seals)."

By the same legislation it is provided as follows:

Every such deed, conveying lands, shall, unless an exception be made therein, be construed to include all the estate, right, title or interest whatever, both at law and in equity, of the grantor in or to such lands.

Whenever, in any deed, there shall be used the words, "The said grantor (or the said ) releases to the said grantee (or the said ) All his claims upon the said lands," such deed shall be construed as if it set forth that the grantor hath remised, released and for ever quit claimed, and by these presents doth remise, release and for ever quit claim unto the grantee, his heirs and assigns, all right, title, and interest whatsoever, both at law and in equity, in or to the lands and premises granted, or intended so to be, so that neither he nor his personal representative, his heirs or assigns, shall at any time hereafter have, claim, challenge or demand the said lands and premises, or any part thereof, in any manner whatever.

A Deed of Lease may be made in the following form, or to the same effect:

"THIS DEED, made the day of

in the

year

his

Between (here insert the names of parties) Witnesseth: doth demise unto the said

that the said

personal representatives and assigns, All &c. (here describe the property) from the for the term of

day of

thence ensuing, yielding therefor during the said term the rent of (here state the rent and mode of payment). "Witness the following signature and seal."

When a deed uses the words, "the said covenants," such covenant shall have the same effect as if it was expressed to be by the covenantor, for himself, his heirs, personal representatives and assigns, and shall be deemed to be with the covenantee, his heirs, personal representatives and assigns.

A covenant by the grantor in a deed, "that he will warrant generally the property hereby conveyed," shall have the same effect as if the grantor had covenanted that he, his heirs and personal representatives will for ever warrant and defend the said property unto the grantee, his heirs, personal representatives and assigns, against the claims and demands of all persons whom

soever.

A covenant by any such grantor, "that he will warrant specially the property hereby conveyed," shall have the same effect as if the grantor had covenanted that he, his heirs and personal representatives will for ever warrant and defend the said property unto the grantee, his heirs, personal representatives and assigns, against the claims and demands of the grantor, and all persons claiming or to claim by, through, or under him.

The words "with general warranty," in the granting part of any deed, shall be deemed to be a covenant by the grantor "that he will warrant generally the property hereby conveyed." The words "with special warranty," in the granting part of any deed, shall be deemed to be a covenant by the grantor "that he will warrant specially the property hereby conveyed."

that

A covenant by the grantor in a deed for land he has the right to convey the said land to the grantee," shall have the same effect as if the grantor had covenanted that he had good right, full power and absolute authority to convey the said land, with all the buildings thereon and the privileges and appurtenances thereto belonging,