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as its friends were concerned, nothing was these five, Mr. Gwin, is only a temporary resi. asked but a vote, which would not have con- dent of a Free State. sumed ten minutes. But a vote was precisely Of the twenty-eight votes in favor of sustainwhat the Southern managers were determined ing the bill, only three are from the South, and to avoid.
only one of the three (Johnson of Tennessee,) Instantly, therefore, upon the announcement is a Democrat. of the success of Mr. Wade's motion, which Two days afterward, on the 19th of February, brought the bill before the Senate, Mr. Hunter Mr. Wade again moved to set aside all prior took the floor, and moved that it be set aside, orders and take up the Homestead bill; but this so as to take up another bill, viz. : the Diplo- motion was negatived by the following vote : matic and Consular Appropriation bill.
Yras.-Messrs. Broderick, Chandler, Clark, Collamer, No question of order was raised upon this Dimon, Doolittle, Durkee, Fessenden, Foot, Hale motion of Mr. Hunter, but it was well charac- Hamlin, Harlan, Johnson of Tennessee, Jones, King,
Pugh, Rice, Sevard, Shields, Simmons, Stuart, Trum. terized as "child's play,” to move to set aside buli,' Wade, and Wilson.—24. a bill, instantly after a vote to take it up. Nays.-Messrs. Allen, Bates, Bayard, Benjamin, Bigler, Pending some conversational debate upon Davis, Fitch, Fitzpatrick, Green, Hammond, Houston
Bright, Brown, Chestnut, Clay, Clingman, Crittenden, Mr. Hunter's motion, the hour of twelve o'clock Hunter, Iverson, Kennedy, Mallory, Mason, Pearce, arrived, and the Vice-President decided that Polk, Reid, Sebastian, Slidell, Smith, Toombs, Ward, and the Cuba bill, having been assigned for that Yulee-81. hour, was the subject pending before the Senate. Upon these two days, the 17th and 19th of
Hereupon, Mr. Wade moved to postpone the February, the question was made between the twelve o'clock order, and continue the consi. consideration of the Homestead bill and the conderation of the Homestead bill, and this motion sideration of the appropriation bills, the necesprevailed by the following vote :
sity of passing which last bills did not fail to be
insisted YEAS-Messrs. Bell, Bright, Broderick, Chandler,
upon by the Democratic managers. At Clark, Collamer, Dicon, Doolittle, Douglas, Durkees a subsequent stage of the session, as will be Fessenden, Foot, Foster, Hale, Hamlin, Harlan, presently seen, the question was made between Johnson of Tennessee, King, Pugh, Rice, Seward. Sim considering the Homestead bill and considering mons, Smith, Stuart, Trumbuli, ' Wade, and Wilson the Cuba bill. -27.
Nays—Messrs. Allen, Bates, Benjamin, Bigler, Brown, Upon the 25th day of February, upon the ocClay, Clingman, Davis, Fitch, Fitzpatrick, Green, Gwin, casion of a motion by Mr. Slidell to postpone Hanimond, Hunter, Iversons, Johnson, of: Arkansas all prior orders and take up the bill for the pur. Lane, Mallory, Mason, Pearce, Reid, Sebastian, Slidell, chase of Cuba, Mr. Doolittle resisted it, and Toombs, Ward, and Yulee-26. On this vote, an additional Southern Senator, it down, so that he himself might submit a mo
called upon the friends of Homesteads to vote Mr. Bell, of Tennessee, ranged himself on the tion to take up the Homestead bill. Mr. Dooside of Homesteads. But this was offset by
little said : the ratting back to the negative side of Mr. Gwin.
I think it would be better to take up this question of
the Homestead bill and vote upon it, and then the Cuba The Homestead bill was now again before bill will come up. I ask the friends of the Homestead the Senate, but the question, as stated by the bill now to stand by it and give it the preference. Vice-President, was still upon Mr. Hunter's The vote was then taken, and the motion to motion to set it aside, and take up the Consular take up the Cuba bill prevailed, as follows: and Diplomatic Appropriation bill.
Yeas-Messrs. Allen, Bayard, Bell, Benjamin, Bigler, Mr. Mason, of Virginia, threatened an “ex- Brown, Chestnut, Clay, Clingman, Davis, Fitch, Fitztended debate” upon the Homestead bill, if its patrick, Green, Gwin, Hammond, Houston, Hunter, Iverconsideration were insisted upon. He declared, son Jones, Lane, Mallory: Mason, Polk, Pugh, Reid,
Rice, Sebastian, Shields, Slidell, Smith, Stuart, Toombs, at any rate, for himself that he intended to “go Ward, Wright, and Yulee-85. into it pretty largely, because he had not yet Nays-Messrs. Broderick, Cameron, Chandler, Clark, known a bill so fraught with mischief, and mis- Collamer: Dicon, Doolittle, Douglas, Durkee, Fessen
den, Foot, Foster, Hule, Hamlin, Harlan, Johnson of chief of the most demoralizing kind.”
Tennessee, Kennedy, King, Pearce, Seward, Simmons, Mr. Wade and Mr. Seward, in brief and ener. Trumbuli, Wade, and Wilson—24. getic terms, exhorted the friends of the bill to The Cuba bill was now up, and the discussion stand firm.
upon it protracted the session late into the The vote was then taken upon Mr. Hunter's night, and almost into the next morning. It motion, and resulted as follows:
was distinctly seen during the progress of this Yeas.-Messrs. Allen, Bates, Bayard, Benjamin, Bigler, discussion that it would be without practical reBrown, Clay, Clingman, Davis, Fiich, Fitzpatrick, Green, sult, and that no vote could be reached before Gwin, Hammond, Hunter, Iverson, Johnson of Arkansas, the final adjournment of Congress. Kennedy, Lane, Mallory, Mason, Pearce, Reid, Sebastian, Slidell, Toombs, Ward, and Yulee-28.
Accordingly, at ten o'clock in the evening, Nays.- Messrs, Bell, Bright, Broderick, Chandler, Mr. Doolittle felt it to be his duty to renew the Clark, Collamer, Dixon, Doolittle, Douglas, Durkee, I attempt to set aside the Cuba bill, the subjectFessenden, Foot, Foster, Hale, Hamlin Harlan; matter of a manifestly idle debate, so as to take Seward, Simmons, Smith, Stuart, Trumbull Wade, and up the Homestead bill. His motion to that effect, Wilson-28.
and the commencement of the debate upon it, The vote being a tie, the Vice-President, Mr. will be found on page 1351 of the CongresBreckinridge, voted in the affirmative, and thus, sional Globe. Such extracts are made as will after a long struggle, the Homestead bill
exhibit its general character:
was, for that day, overslaughed.
Mr. Trumbull.--If there was any assurance that the Of the twenty-eight votes for overslaughing tion was disposed of, I should be willing to see it have
Homestead bill could be taken up, after the Cuba ques. it, all but five are from the South, and one of the go-by on the present occasion ; but we have sought repeatedly to bring up the Homestead bill, and every of March, 1860, Mr. Lovejoy, from the Com. movement that has been made to bring it up has been mittee on Public Lands, reported the following uet with a counter movement, crowding it out of the way with something else.
If the senator from bill (previously introduced by Mr. Grow), which Virginia will give us an as-urance that we shall have a was read twice, and committed to the Committee chance to bring up the Homestead bill, and keep it be of the Whole. fore the Senate until we can get a vote upon it, after the Cuba bill is through, and that he will not interpose an appropriation bill, i would join with gentlemen in asking A BILL TO SECURE HOMESTEADS TO ACTUAL my friend from Wisconsin to withdraw the motion he has
SETTLERS ON THE PUBLIC DOMAIN, made.
Mr. Hunter.-I certainly will press the appropriation Be it enacted by the Senate and House of Rebills. I will give no promise to vote to take up the presentatioes of the United States of America in Homestead bill.
Congress assembled, That any person who is the head Mr. Trumbull.—That is as I expected. We now have of a family, or who has arrived at the age of twenty-one notice that we are to be met with an appropriation bill years, and is a citizen of the United States, or who shall the moment that the Cuba question is disposed of, and have filed his intention to become such, as required by here we are wasting our time at this stage of the session the naturalization laws of the United States, shall, from in making long speeches, and debating about the acquisi- and after the passage of this act, be entitled to enter, free tion of a country that does not belong to us, instead of of cost, one hundred and sixty acres of unappropriated providing for the settlement of the country which we own. public lands, upon which said person may have filed a There can be no hope of getting up the Homestead bill as preëmption claim, or which may, at the time the applica. against an appropriation bill.
tion is made, be subject to preëmption at one dollar and Mr. Seward. --After nine hours yielding to the discussion twenty-five cents, or less, per acre; or eighty acres of of the Cuba question, it is time to come back to the great such unappropriated lands, at two dollars and fifty cents question of the day and the age. The Senate may as well per acre; to be located in a body, in conformity to the meet face to face the issue which is before them. It is an legal subdivisions of the public lands, and after the same issue presented by the competition between these two shall have been surveyed. questions. One, the Homestead bill, is a question of $. 2. And be it further enacted, That the person aphomes, of lands for the landless freemen of the United plying for the benefit of this act shall
, upon application to States. The Cuba bill is a question of slaves for the slave- the register of the land office in which he or she is about holders of the United States.
to make such entry, make affidavit before the said register Mr. Wade.--I am very glad that this question has at or receiver that he or she is the head of a family, or is length come up. I am glad, too, that it has antagonized twenty-one years or more of age, and that such applicawith this nigger question. (Laughter.) I have been try- tion is made for his or her exclusive use and benefit, and ing here for nearly a month to get a straightforward vote those specially mentioned in this act, and not either upon this great measure of land for the landless. I glory directly or indirectly for the use or benefit of any other in that measure. It is the greatest that has ever come person or persons whomsoever; and upon filing the before the American Senate, and it has now come so that affidavit with the register or receiver, he or she shall therethere is no dodging it. The question will be, shall we give upon be permitted to enter the quantity of land specified: niggers to the niggerless, or lands to the landless ? Provided, however, That no certificate shall be given or
I moved some days ago to take up this subject. It was patent issued therefor until the expiration of five years said then that there was an appropriation bill that stood from the date of such entry; and if, at the expiration of in the way. The senator from Virginia had his appropri- such time, or at any time within two years thereafter, the ation bills. It was important, then, that they should be person making such entry-or if he be dead, his widow ; settled at once; there was danger that they would be or in case of her death, his heirs or devisee ; or in case of lost, and the Government would stop in consequence; and a widow making such entry, her heirs or devisee, in case the appeal was made to gentlemen to give this bill the of her death-shall prove by two credible witnesses that go-by for the time being, at all events, and the appeal was he, she, or they have resided upon and cultivated the successful. The appropriation bills lie very easy now be- same for the term of five years immediately succeeding hind this nigger operation. (Laughter.) When you come the time of filing the affidavit aforesaid; then, in such to niggers for the niggerless, all other questions sink into case, he, she, or they, if at that time a citizen of the insignificance.
United States, shall, on payment of ten dollars, be entiMr. Doolittle's motion to set aside the Cuba And provided, further, That in case of the death of both
tled to a patent, as in other cases provided for by law: bill for the purpose of taking up the Homestead father and mother, leaving an infant child, or children, bill, was lost, by the following vote:
under twenty-one years of age, the right and fee shall
inure to the benefit of said infant child, or children; and Yeas Messrs. Broderick, Cameron, Clark, Chandler, the executor, administrator, or guardian may, at any time Collamer, Doolittle, Fessenden, Foot, Poster, Hale, within two years after the death of the surviving parent, Hamlin, Harlan, Johnson of Tennessee, King, Serard, and in accordance with the laws of the State in which Simmons, Trumbull, Wade, and Wilson-19.
such children for the time being have their domicil, sell NAYS-Messrs. Allen, Benjamin, Bayard, Bigler, Brown, said land for the benefit of said infants, but for no other Chestnut, Clay, Clingman, Douglas, Fitch, Fitzpatrick, purpose; and the purchaser shall acquire the absolute Green, Gwin, Hunter, Iverson, Johnson of Arkansas, Lane, title by the purchase, and be entitled to a patent from the Mallory, Mason, Polk, Pugh, Reid, Rice, Sebastian, Shields, United States, on payment of the office fees and sum of Slidell, Toombs, Ward and Wright-29.
money herein specified.
SEC. 8. And be it further enacted, That the register This was the last attempt made to get up the of the land office shall note all such applications on the Homestead bill in the Senate. It had first been all such entries, and make return thereof to the General overslaughed by the appropriation bills, and Land Office, together with the proof upon which they now by the Cuba bill, and no
expectation have been founded. remained of reaching it during the few remain.quired under the provisions of this act shall in no event
Suc. 4. And be it further enacted, That all lands acing days of the session. The Republicans, who become liable to the satisfaction of any debt or debts had endeavored to get it up in all forms and on contracted prior to the issuing of the patent therefor. all occasions without success, felt it to be their time after the filing of the affidavit, as required in the
Sec. 5. And be it further enacted, That if, at any duty to abandon a manifestly hopeless struggle. second section of this act, and before the expiration of
From this review of the votes in the Senate the five years aforesaid, it shall be proven, after due no and House, it will be seen that the two great tice to the settler, to the satisfaction of the register of the national parties, the one representing the rights shall have actually changed his or her residence, or and interests of free labor, and the other repre- abandoned the said entry for more than six months at senting the pretensions of Negro Slavery, have any time, then, and in that event, the land so entered
shall revert to the government. come to a well-defined issue upon this great
Sec 6. And be it further enacted, That no individual matter of the disposition of the Public Domain. shall be permitted to make more than one entry under
the provisions of this act; and that the Commissioner of the General Land Office is hereby required to prepare
and issue such rules and regulations, consistent with this In the House of Representatives, on the 6th act, as shall be necessary and proper to carry its provi.
sions into effect; and that the registers and receivers of NEW-JERSEY.-Adrain, Riggs, Stratton3. the several land offices shall be entitled to receive the PENNSYLVANIA.—Babbitt, Campbell, Covode, Florence, same compensation for any l:ınds entered under the pro-Grow, Hale, Hall, Hickman, Junkin, Killenger, Mcvisions of this act that they are now entitled to receive Knight, McPherson, Millward, E. Joy Morris, Schwartz when the same quantity of land is entered with money, Scranton, Verree-17. one-half to be paid by the person making the application 0110.-Ashley, Bingham, Blake, Carey, Corwin, Cox, at the time of so doing, and the other half on the issue of Edgerton, Gurley, Helmick, Howard, Hutchins, Charles the certificate, by the person to whom it may be issued : D. Martin, Pendleton, Sherman, Stanton, Tompkins, Provided, That nothing contained in this act shall be 8o Trimble, Vallandigham-18. construed as to impair or interfere in any manner what- MICHIGAN --Cooper, Francis W. Kellogg, De Witt O. ever with existing preëmption rights : And provided, Leach, Waldronfurther, That all persons who may have filed their ap- INDIANA.-Case, Colfax, John G. Davis, Dunn, plications for a preemption right prior to the passage English, Holman, Kilgore, Niblack, Porter, Wilson-il). of this act shall be entitled to all privileges of this act. Illinois.-Fouke, Wm. Kellogg, Logan, Lovejoy, MaSubsequently, a motion was made by Mr. Love. Clernand, James C. Robinson, E. B. Washburne?
Wisconsin.-Larrabee, Potter, C. C. Washburn—3. joy, to reconsider the vote by which the bill
Iowa.-Curtis, Vandever-2. had been referred to the Committee of the MINNESOTA.-Aldrich, Windom-2. Whole. On Monday, March 12, Mr. Lovejoy
OREGON.-Stout-1. called up this motion, and under the operation MISSOURI.-James Craig-1. Total, 115. of the previous question, it was agreed to, 106
All from the Free States except James Craig, of to 67, as follows:
PENNSYLVAVIA.-Montgomery-1. Corwin, Covode, Cox, James Craig, Curtis, John G,
DELAWARE.- Whiteley-1. Davis, Dawes, Delano, Duell, Dunn, Edgerton, Elliot,
MARYLAND.-H. WINTER DAVIS, J. M. HARRIS, Iłughes, Fenton, Ferry, Florence, Foster, Fouke, Frank, French, WEBSTER-4. Gooch, Graham, Grow, Gurley, Hale, Hall, Haskin,
VIRGINIA.— Bocock, De Jarnette. Edmundson, Gar. Helmick, Hoard, Holman, Howard, Hutchins, Junkin nett, Jenkins, Leake, Elbert S. Martin, Vilson, Francis W. Kellogg, Williain Kellogg, Kilgore, Killinger, Pryor, William Smith-10. Larribee, De Witt C. Leach, Lee, Logan, Loomis, Love
NORTH CAROLINA.-Branch, GILMER, Ruffin, WILLIAM joy, Maclay, Marston, Charles D. Martin, Mcc'lernand, N. H. Smith, Vance-5. McKean, McKnight, Millward, Moorhead, Morrill,
SOUTH CAROLINA.- Bonham, Keith, McQueen, Miles_2. Edward Joy Morris, Morse, Olin, Pendleton, Perry, Por: GEORGIA.-Gartrell, HarDeMAN, HILL, Jackson, Jones, ter, Potter, Pottle, Rice, Riggs, Christopher Robinson, Love, Underwood—7. James C. Robinson, Royce, Schwartz, Scott, Scran
ALABAMA.-Clopton, Cobb, Curry, Houston, Suydenton, Sedgwick, Sherman, Somes, Spinner, Stanton, Stout, ham Moore, Pugh—6, Stratton, Tappan, Thayer, Tompkins, Train, Trimble,
MISSISSIPPI—Barksdale, Reuben Davis, Lamar, McVullandigham, Vandever, Verree, Waldron, Walton, Cad- Rea, Singleton5. walader C. Washburn, Ellihu B Washburne, Israel Wash- LOUISIANA.--Landrum-1. burn, Wels, Windom, and Woodruff-106
ARKANSAS.-Hindman-1. NAYS — Messrs. GREEN ADAMS. Thomas L. Anderson,
TEXAS.-Hamilton, Reagan-2. WILLIAM C. ANDERSON. Avery, Barksdale, Bocock, Bon
Missouri.- Thomas L. Anderson, Noell, Woodson-8 ham, BRABSON, Branch, BRISTOW, Burch, Burnett, Clop- TENNESSEE. - Avery, ETHERIDGE, Hatton, MAYNARD, ton, Çobb, Curry, Reuben Davis, De Jarnette, Ed. NHLSON, STOKES, Wright7. mundson, English, ETH+.RIDGE, Garnett, Gartrell, Gil
KENTUCKY.-GREEN, ADAMS, WILLIAM O. ANDERSON, MER, Hardeman, J. MORRISON HARRIS, HATTON, Hill, BRISTOW, Burnett, MALLORY, Peyton, Simms, Stoven. Ilindman, Houston, Hughes, Jackson, Jenkins, Jones, son–8. Total, 65. Keitt, Lamar, Landrum, Leake, Love, MALLORY, Elbert S. Martin, MÁYNARD, McQueen, McRae, pliles, fillson, Dem., of Pennsylvania.
All from Slave States except Montgomery, Montgomery, NELSON, Niblack, Noell, Peyton, Pryor, Pugh, Reagan, Ruffin, Sickles, Simms, Singleton, William Smith, WILLIAM N. H SMITH, Stevenson, STOKKS, referred to the Committee on Public Lands,
This bill was sent to the Senate, where it was Underwood, VANCE, WEBSTER, Whiteley, Woodson, and Wright—67.
and on the 17th of April, Mr. Johnson, of Ten. Republicans in Roman; Democrats in Italios ; Ameri- nessee, the Chairman of that Committee, recans in SMALL CAP3; Anti-Lecompton Democrats in ported a substitute for the House bill, granting Roman spaced,
So the motion was reconsidered, and the bill Homesteads to actual settlers, at 25 cents per was before the House. Mr. Lovejoy moved that acre, but not including preëmptors then occu
When this bill came the bill be engrossed and read a third time. Mr. pying the Public Lands. Branch (N. C.) moved to lay the bill on the before the Senate for action, Mr. Wade, of table. Lost
, 62 to 112, the yeas being all from Ohio, moved to amend, by substituting the the South, except Mr. Montgomery, Democrat, of House bill, which was lost, 26 to 81, as follows: Pennsylvania, and the nays all from the North, Clark, Collamer, Dixon, Doolittle, Douglas, Durkee, except Mr. James Craig, Democrat, of Missouri. Foot,'Foster, Grimes, Hale, Hamlin, King, Rice, se
So the House refused to lay the bill on the ward, Simmons, Sumner, Ten Eyck, Toombs, Trumbull, table; and it was read a third time and passed. Wade, Wilkinson, and Wilson--26. The vote was as follows—The Republicans in Chesnut, Clay, Clingman, Davis, Fitch, Fitzpatrick,
NAYS--Messrs. Bayard, Bigler, Bragg, Bright, Brown, Roman, the Administration Democrats in Italics, Green, Gwin, Hammond, Hemphill, Hunter, Iverson, the Americans in small CAP3, and the Anti-Johnson, of Arkansas, Johnson, of Tennessee, Lane, Lecompton Democrats in Roman s paced:
Latham, Mason, Nicholson, Polk, Powell, Pugh, Saulsbury, Sebastian, Slidell, Wigfall, and Yulee 31.
Yeas, all Republicans except three, Douglas, Maine. — Foster, French, Morse, Perry, Somes, Israel Rice, and Toombs. Nays, all Democrats. Washburn-6. New-HAMPSHIRE.-Marston, Tappan-2.
The Senate finally, on the 10th May, passed VERMONT.-Morrill, Royce, Walton-3.
Mr. Johnson's bill, 44 to 8, the Nays being MASSACHUSETTS.—Buffinton, Dawes, Delano, Elliot, Messrs. Bragg, Clingman, Hamlin, Hunter, Gooch, Rice, Thayer, Train-8.
Connecticut.—Burnham, Ferry, Loomis, Woodruff-4. Mason, Pearce, Powell and Toombs. The House RHODE-ISLAND.-Christopher Robinson-1.
refused to concur; the Senate refused to recede, New-YORK, -Barr, Briggs, Carter, John Cochrane, and the result was a protracted conference on Conkling, Duell, Fenton, Frank, Graham, Haskin, Hoard, Humphrey, Lee, Maclay, McKean, 'Olin, Pottle; the part of Committees of the two Houses, Sickles, Spinner, Van Wyek, Wells-21.
which committees finally came to an agreement,
on the 19th June, by the House accepting the pose all public lands to sale within two years after they Lenate bill with slight amendments.
shall have been survey ed, which we held would be On that
peculiarly oppressive upon the pioneers who had gone day Mr. Schuyler Colfax reported to the House to the frontier to settle upon the publ.c lands, and to as follows:
which we could never have consen ed. Now, Mr.
Speaker, I desire to state, in conclusion, that the coinMr. Colfax.-I rise to a question of privilege. I am in promise we have made upon the subject is not in accord, structed by the Committee of Conference on the disagree ance with what I should desire to have passed, if I had ing votes of the two Houses on the Homestead bill, to the power to frame the bill myself ; but it is the very uireport that, after twelve meetings of the three different most we could obtain from the Senate, as now constiConferences that have been appointed, they this morn- tuted. The Senators who served with us on the Couteing finally agreed, I hold in my hand the report of the rence have been notified by me, and also by my colleague Committee, which can be read if any gentleman desires (Mr. Windom, of Minnesota,) that we regard this as but it. But perhaps it would render the report clearer and a single step in advance toward a law which we shail demore intelligible if I should briefly state its leading fea- mand from the American Congress, enacting a compretures. The Senate bill all the members of the House are hensive and liberal Homestead policy. This we have familiar with. The Conferees upon the part of the House agreed to as merely an avant courrier. We shall definding, after the most earnest efforts, that it would be mand it at the next session of Congress, and until it is utterly impossible for them to induce the Senate to agree granted; until all the public lands shall be open to all to the House bill, have been discussing what changes the people of the United States; and I state this publicly, could be made in the Senate bill, so as to render it accep that no one shall regard us as estopped hereafter, betable enough for the House to accept, rather than the
cause we accepted this half-way measure rather than to whole should fail. They have finally agreed upon a report allow the whole to fail. I should have added that all as follows: In the first place, I will say that the bill, as it persons, whether citizens or those who have only declared passed the Senate, provided that the preëmptors now their intentions, are allowed to go on the lands unde: upon the public lands might remain there two years be this bill; but are required to perfect their naturalization fore they should be required to purchase their lands, but before the five years expire, and the patent issues. I now should then pay for them at the rate of $1 25 per acre, demand the previous question on concurring on the rethus removing them entirely from within the purview of port of the Committee, and passing the bill as thus the benefits which would apply to the settlers hereafler amended. upon the public lands. This point the House Conferees Mr. Farnsworth.-I desire to ask the gentleman from refused to accede to, and if persisted in, we should have Indiana whether this bill confines its benefits to those again reported a disagreement. Finally, however, a who are heads of families. compromise was arranged on this point, and to protect Mr. Colfax.-It does, because we failed, despite our the preëmptors now on the Government land, which was
utmost efforts, in procuring its extension to all; but we to be advertised this fall for sale, we changed the Senate shall appeal to the young men to demand of those who bill so as to protect them for at least two years from land make and who execute the laws, that the system insales, and to allow them then to secure their homes at augurated by this bill, shall be widened so as to adnit one half the Government price, namely sixty-two and them to its benefits, and I will join them in this demand. a-half cents per acre. I need scarcely add, that, if the Mr. Grow.--I just desire to say that we have taken this Senate could have been induced to give them the benefit bill, not because it is what we want, but on the princ.ple of their twenty-five-cent-per-acre provision, we should that "half a loaf is better than no bread." have insisted on it inflexibly; but what I have stated is the very lowest point that could be obtained. The second
The House agreed to the Report of the Coinchange we have made in the Senate bill is in relation to mittee, 115 51, as follows: the scope of land coming under the operations of the law. The House bill embraced all the Government land,
Y«.-Messrs. Ashley, Babbitt, Barr, Bingham, Franc's offered or unoffered, except such as was specially re-P. Blair, Samuel S. Blair, Blake, Brayton, Briggs, Butline served. The Senate bill confined its provisions to land ton, Burch, Burlingame, Burnham, Butterfield, Campbell, subject to private entry, exclusively. As I have explain- Carey, Carter, Case, Horace F. Clark, Cobb, Colfax, Cored on a former occasion, the expression “subject to pri- win, Covode, Cox, Curtis, John G. Davis, Dawes, Delano, vate entry" means such as are left after the lands have Duell, Dunn, Edgerton, Edwards, Elliot, Ely, Ferry, Flobeen once regularly brought into market, exposed to rence, Foster, Frank, French, Gooch, Graham, Grow, Gurpublic sale, and the speculators have taken such as they ley, Hale, Hall, Haskin, Helmick, Hoard, Wm. Howard, see fit to purchase. The difference between these two Humphrey, Hutchins, Junkin, Francis W. Kellogg, Wn. bills seemed so radical as to be incapable of adjustment; Kellogg, Kenyon, Killinger, DeWitt C. Leach, Lee, Longand the scope of farming land covered by the Senate bill necker, Loomis, Maclay, Marston, McKean, McKnight, was so limited, there being but little, if any, in Minnesota, McPherson, Millward, Moorhead, Morrill, Edward Joy Kansas, Nebraska, California, Oregon, and Washington, Morris, Isaac N. Morris, Morse, Niblack, Nixon, Olin, that the House conferees declined to accept it. But on Palmer, Pendleton, Perry, Pettit, Phelps, Porter, Potter, this, too, we finally effected a compromise. By our re- Rice, Riggs, Christopher Robinson, Royce, Sedgwick, port, all the land subject to private entry is included, Sherman, Somes, Spaulding, Spinner, Stanton Villiam and, in addition, all the odd-numbered sections of the Stewart, Stout, Tappan, Taylor, Thayer, Theater, Tomp surveyed public lands, which have not been opened to kins, Train, Trimble, Vandever, Van w:rck, Verree, public sale-a most material and beneficent enlargement Wade, Walton, Cadwalader C. Washburn hq Elinu B. Washof the Senate bill. We were offered, after this agreement, burne, Israel Washburn, Wells, Windo atein, and Woodruff whichever half of the unoffered lands we chose, and we
-115. took the odd-numbered sections. The reason for this
Nays-Messrs. Green Adams, Willy was, that the 16th section of a township, being reserved Ashmore, Avery, Barksdale, Bococ nat for school purposes by our land laws, the four adjoining Brabson, Branch, Burnett, Clopton, plicBurton Craige, Crawsections to it, on the north, west, east, and south, are sec- ford, Curry, De Jarnette, Gilmer. keer tions 9, 15, 17, and 21, all odd numbered sections, which son Harris, John T. Harris, Hatt cofon, Houston, Jenkins, are thus saved for homestead settlers, who have reserved Jones, Keitt, Landrum, James Mupo Leach, Leake, Love, for them 18 out of the 35 disposable sections in each town. Mallory, Maynard, McQueen, Mile ship of six miles square.
Moore, Nelson, Peyton, Quarles, Tha", Millson, Sydenham fara lies, are allowed, after having occupied the land for Thomas, Underwood, Vance, weteny:n, Stevenson, Stokes
: five years, to purchase at 25 cents per acre, which son, and Wright-51. about the average cost price of the public lands to the
The nays are all from the Sla reguve States. Government. We struggled, of course, to include all young men over 21 who are not heads of families, and to
The Senate agreed to the rere esort of the Con. adopt the Free Homestead principle of the House bill; ference Committee, 36 to 2-Me but on these points the Senate was inflexible, and we Pearce. took what we did because it was the very best we could get. The Senate bill originally provided that the Home
The following is the bill as it was finally stead settler might acquire title to his land at any time reported by the Conference Committee and by paying full Government prices ; but desiring to pro. passed both Houses : mote actual settlement, we now provide that he cannot do this till after he has been on the land six months. AN ACT to secure Homesteads to actual settler8 OR When he stays, or his family if he deceases, the full five the Public Domain, and for other purposes. years he obtains it at 25 cents per acre. The Senate Bo it enacted by the Senate and House of Represen. have also agreed to strike out the eighth section of their tives of the United States of America in Congress bill, which inade it imperative upon the President to ex: l assembled, That any person who is the head of a fainily,
iam C. Anderson, k, Bonham, Boyce,
Hardeman, J. Morri
ssrs. Bragg and
and a citizen of the United States, shall, from and after shall be permitted to enter more than one quarter-seco the passage of this act, be entitled to enter one quarter- tion or fractional quarter-section, and that in a compact section of vacant and unappropriated public lands, or body; but entries may be made at different times, under any less quantity, to be located in a body, in conformity the provisions of this act; and that the Secretary of the with the legal subdivisions of the public lands, after the Interior is hereby required to prepare and issue, from same shall have been surveyed, upon the following con- i time to time, such rules and regulations, consistent with ditions : that the person applying for the benefit of this this act, as shall be necessary and proper to carry its act shall, upon application to the register of the land-office provisions into effect; and that the registers and rein which he or she is about to make such entry, make ceivers of the several land offices shall be entitled 10 affidavit before the said register or receiver of said land receive, upon the filing of the first affidavit, the sum of office that he or she is the head of a family, and is actually 50 cents each and a like sum upon the issuing of the settled on the quarter-section, or other subdivision not final certificate, But this shall not be construed to enexceeding a quarter-section, proposed to be entered, and large the maxiu.um of compensation now prescribed by that such a pplication is made for his or her use and law for any register or receiver : Provided, That nobenefit, or for the use and benefit of those specially thing in this act shall be so construed as to impair the mentioned in this section, and not either directly or existing preëmption, donation, or graduation laws, or to indirectly for the use or benefit of any other person or embrace lands which have been reserved to be sold or persons whomsoever, and that he or she has never at any entered at the price of $2 50 per acre; but no entry, previous time, had the benefit of this act; and upon under said graduation act, shall be allowed until making the affidavit as above required, and filing the after proof of actual settlement and cultivation or ocsame with the register, he or she shall thereupon be per- cupancy for at least three months, as provided for in mitted to enier the quantity of land already specified : Sec. 3 of the said act. Provided, however, That no final certificate shall be 8 7. And be it further enacted, That each actual setgiven, or patent issued therefor, until the expiration of tler upon lands of the United States, which have not been ive years from the date of such entry; and if, at the ex. otfered at public sale, upon filing his declaration or claim, piration of such time, the person making such entry, or, as now required by law, shall be entitled to two years if he be dead, his widow, or, in case of her death, his from the coinmencement of his occupation or settlement; child or children, or in case of a widow making such or, if the lands have not been surveyed, two years from entry, her child or children, in case of her death, shall the receipt of the approved plat of such lands at the Disprove, by two credible witnesses, that he, she, or they-trict Land Office, within which to complete the proofs of that is to say, some member or members of the same his said claim, and to enter and pay for the land so family-has or have erected a dwelling-house upon said claimed, at minimum price of such lands; and where such land, and continued to reside upon and cultivate the settlements have already been made in good faith, the same for the term of five years, and still reside upon the claimant shall be entitled to the said period of two years same (and that neither the said land or any part thereof from and after the date of this act; Provided, That no has been alienated); then, in such case, he, she, or they, claim of preëmption shall be allowed for more than 160 upon the payment of 25 cents per acre for the quantity acres, or one-quarter section of land, nor shall any such entered, shall be entitled to a patent, as in other cases claim be admitted under the provisions of this act, unless provided by law. And provided further, In case of the there shall have been at least three months of actual and death of both father and mother, leaving a minor child or continuous residence upon and cultivation of the land so children, the right and the fee shall inure to the benefit claimed from the date of settlement, and proof thereof of said minor child or children, and the guardian shall be made according to law; Provided further, That any authorized to perfect the entry for the beneficiaries, as if claimant under the preemption laws may take less than there had been a continued residence of the settler for 160 acres by legal subdivisions ; Provided further, That five years. Provided, That nothing in this section shall all persons who are preëmptors, on the date of this act, be so construed as to embrace or in any way include any shall
, upon the payment to the proper authority of 62 quarter-section or fractional quarter-section of land upon cents per acre, if paid within troo years from the paswhich any preëmption right has been acquired prior to the sage of this act, be entitled to a patent from the Governpassage of this act.
And provided further, That all en ment, as now provided by the existing preëmption laws. iries made under the provisions of this section, upon lands § 8. And be it further enacted, That the 5th section which have not been offered for public sale, shall be con- of the act entitled “An act in addition to an act more fined to und upon sections designated by odd numbers. effectually to provide for the punishment of certain crimes
$ 2. And be it further enacted, That the register of the against the United States, and for other purposes," apLand Office shall note all such applications on the tract proved the 3d of March, in the year 1857, shall extend to books and plats of his office, and keep a register of all all oaths, affirmations, and affidavits required or authorsuch entries, and make return thereof to the General ized by this act. Land Office, together with the proof upon which they $ 9. And be it further enacted, That nothing in this have been founded.
act shall be so construed as to prevent any person who $ 3. And be it further enacted, That no land acquired has availed him or herself of the benefit of the first section under the provisions of this act shall in any event, be: of this act from paying the minimum price, or the price come liable to the satisfaction of any debt or debts until to which the same may have graduated, for the quantity after the issuing of the patent therefor.
of land so entered at any time after an actual settlement $ 4. And be it further enacted, That if, at any time of six months, and before the expiration of the five years, after filing the affidavit, as required in the first section and obtaining a patent therefor from the Government, as of this act, and before the expiration of the five years in other cases provided by law. aforesaid, it shall be proved, after due notice to the set- § 10. And be it further enacted, That all lands lying t.ler, to the satisfaction of the register of the Land office, within the limits of a State which have been subject to that the person having filed such affidavit shall have sale at private entry, and which remain unsold after the sworn falsely in any particular, or shall have voluntarily lapse of thirty years, shall be, and the same are hereby, abandoned the possession and cultivation of the said ceded to the state in which the same may be situated; land for more than six months at any time, or sold his Provided, These cessions shall in no way invalidate any right under the entry, then, and in either of those inceptive preëmption right or location, or any entry under events, the register shall cancel the entry, and the land so this act, nor any sale or sales which may be made by the entered shall revert to the Government, and be disposed United States before the lands hereby ceded shall be cerof as other publ.c lands are now by law, subject to an tified to the State, as they are hereby required to be, under appeal to the Secre ary of the Interior. And in no case such regulations as may be prescribed by the Secretary shall any land, the entry whereof shall have been ean of the Interior. And provided further, That no cessions celled, again be subject to occupation, or entry, or pur shall take •ffect until after the States, by legislative act, chase, until the same shall have been reported to the shall have assented to the same. General Land Office, and, by the direction of the President of the United States, again advertised and offered On the 23d, the President returned the bill to at public sale.
$ 5. And be it further enacted, That if any person, the Senate with his veto, as follows: now or hereafter, a resident of any one of the states or Territories, and not a citizen of the United States, but
THE HOMESTEAD BILL. who at the time of making such application for the benefit of this act, shall have filed a declaration of inten
VETO MESSAG OF THE PRESIDENT. tion, as required by the naturalization laws of the United States, and shall have become a citizen of the To the Senate of the United States. same before the issuing of the patent as provided for in I return, with my objections, to the Senate, in which this act, such person shall be entitled to all the rights it originated, the bill entitle: An act to secure Home. conferred by this act.
steads to actual settlers on the public domain and for $ 6. And be it further enacted, That no individual other purposes," presented to me on the 20th instant.