Lawlessness by squatters forced Congress to legalize their claims in 1841

Evidence

The squatters won their little wars, one way or another. Their actions were against the law, but it was the law that in the end gave way. State and federal laws came to favor the actual settlers. The laws gave piecemeal preference (preemption rights) to actual settlers, whether they had any legal claim or not; or recognized and ratified state laws that provided preemption. Finally, in 1841, Congress passed a general preemption law. The head of a family who had settled “in person” on land and “improved” it had first choice or claim to buy the land, up to 160 acres, at the minimum government price. — Lawrence M. Friedman, A History of American Law, 1413

Categorization

• XREF: A striking bottom-up example of how informal law conquered formal law — echoes ch1’s theme of law changing by accretion through actual practice.