Samuel Freeman Miller

“ But a comparison of the manifest purpose of Congress and the language used by it, in section four of this statute, with those of section five, will afford grounds for rejecting the interpretation claimed by defendants, which are almost conclusive.
The first of these sections applies, as we have already said, to that meritorious class who were then residing in the Territory, or should become residents by the first of December thereafter. It extends to persons not citizens of the United States, to persons only eighteen years old, and it gives to each a half-section of land. ”

“ The affirmation of this proposition is based upon that clause of the fourth section, which, in prescribing the quantity of land to be given to each actual settler, says it shall be 'one-half section, or three hundred and twenty acres, if a single man, and if a married man,' six hundred and forty acres. We admit the philological criticism that the words 'single man' and 'married man,' referring to the conjugal relation of the sexes, do not ordinarily include females. ”

“ The evident intention to give to women as well as men, is shown by the provision, that, of the six hundred and forty acres granted to married men, one-half shall go to their wives, and be set apart to them by the surveyor-general, and shall be held in their own right. ”

“ The contrast in the language used in regard to the sex of the donees in the two sections, is sustained throughout by the other contrasts in age and character of the donees, and in quantity of land granted. ”

“ The fifth section makes a donation of half this amount, and is restricted to citizens of the United States, or those who have declared their intention to become citizens, and to persons over twenty-one years of age. ”