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1s its friends were concerned, nothing was these five. Mr. Gwin, is only a temporary regi. asked but a vote, which would not have con- dent of 2 Free State. inned 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 kook the floor, and moved that it be set aside, orders and take up the Homestead bill; but this 10 as to take up another bill, viz. : the Diplo- motion was negatived by the following vote : matic and Consular Appropriation bill.
YRA8.-Messrs. Broderick, Chandler, Clark, Collamer, No question of order was raised upon this Dimon, Doolittle, Durkee, Fessenden, Foot, Halo motion of Mr. Hunter, but it was well charac-Hamlín, Harlan, Johnson of Tennessee, Jones, King,
Pugh, Rice, Seward, Shields, Simmons, Stuart, Trumterized as "child's play,” to move to set aside bull,' Wade, and Wilson-24. a bill, instantly after a vote to take it up. Nars.--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, Árrived, and the Vice-President decided that Polk, Reid, Sebastian, Slidell, Smith, Toombs, Ward, and the Cuba bill, having been assigned for that Yulee-81. bour, 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 con. deration 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 YRAS_Messrs. Bell, Bright, Broderick, Chandler, insisted upon by the Democratic managers. At Clark, Collamer, Dixon, Doolittle, Douglas, Durkes a subsequent stage of the session, as will be Fersenden, Foot, Foster, Hale, Hamlin, Ilarlan, presently seen, the question was made between Johnson of Tennessee, Kino, Pugli, Rice, Seward. Sim considering the Homestead bill and considering hons, Smith, Stuart, Trumbull, Wude, and Wilson
the Cuba bill. 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 Hammond, 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.
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, Iver consideration 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-35. into it pretty largely, because he had not yet NAYS-Messrs. Broderick, Cameron, Chandler, Clark, known a bill 80 fraught with mischief, and mis- Collamer, Dixon, Doolittle, Douglas, Durkee, Fossen chief of the most demoralizing kind.”
Tennessee, Kennedy, King, Pearce, Seward, Simmons, Mr. Wade and Mr. Seward, in brief and ener-Trumbull, Wade, and Wilson-14. 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 YEAR. ---Messrs. Allen, Bates, Bayard, Benjamin, Bigler, discussion that it would be without practical reBrown, Clay, Clingman, Davis, Fitch, Fitspatrick, 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, 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, Trumbru Wade, and up the Homestead bill. His motion to that effect,
and the commencement of the debate upon it, The vote being a tie, the Vice-President, Mr. will be found on page 1851 of the CongresBreckinridge, voted in the affirmative, and thus, sional Globe. Such extracts are made as will after a long struggle, the Homestead bill was, exhibit its general character: 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 quesit, all but five are from the South, and : ne of the go , on the present occasion ; but we have sought
A BILL TO SECURE HOMESTEADS TO ACTUAL
SETTLERS ON THE PUBLIC DOMAIN.
repeatedly to bring up the Homestead bill, and every | of March, 1860, Mr. Lovejoy, from the Com: novement that has been made to bring it up has been mittee on Public Lands, reported the following net 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 assurance that we shall have a was read twice, and committed to the Committee chance to bring up the Homestead bill, and keep it bel 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 my friend from Wisconsin to withdraw the motion he has
Mr. Hunter.-I certainly will press the appropriation Be it enacted by the Senate and House of Re bills. I will give no promise to vote to take up the presentatioes of the United States of America in Homestead bili.
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 : There can be no hope of getting up the Homestead bill as preëmption claim, or which may, at the time the applicaagainst 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 surve 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 shali, 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 applica. with 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 there there 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 enti. Mr. 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, Foster, 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, Clinginan, 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. 3. 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
Skc. 4. And be it further enacted, That all lands ac
quired under the provisions of this act shall in no event ing 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 afidavit, as required in the 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 land office, that the person having filed such affidavit
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 come to a well-defined issue upon this great
shall revert to the government.
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
sians into effect; and that the registers and receivers of NEW-JERSEY.-Adrain, Riggs, Stratton-3. the several land offices shall be entitled to receive the PENNSYLVANIA.–Babbitt
, Campbell, Covode, Florence, same compensation for any lands entered under the pro- Grow, Hule, Hall, Ilickman, Junkin, Killenger, Mcvisions of this act that they are now entitled to receive Knight, McPherson, Millward, E. Joy Morris, Schwarts then the same quantity of land is entered with money, Scranton, Verree-17. ene-balf 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, Helinick, Howard, Hutchins, Charles the certificate, by the person to whom may be issued : D. Martin, Pendleton, Sherman, Stanton, Tompkins, Provided, That nothing contained in this act shall be 80 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, Waldron-4. further, 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-10. of this act shall be entitled to all privileges of this act. Illinois.- Fouke, Wm. Kellogg, Logan, Lovejoy, Mo
Sabsequently, a motion was made by Mr. Love. Clernand, James C. Robinson, E. B. Washburne 7 joy, to reconsider the vote by which the bill
WISCONSIN.-Larrabee, Potter, C. C. Washburn48.
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:
Missouri. Yeas.-Messrs. Adrain, Aldrich, Ashley, Babbitt,
NAYS. Bingham, Blake, Buffinton, Burlingame. Campbell,
Carey, Carter, Case, John Cochrane, Colfax, Conkling, Cooper,
PENNSYLVAVIA.-Montgomery-1. Corwin, Covode, Cow, James Craig, Curtis, John G,
DELAWARE.- Whiteley-1. Davis, Dawes, Delano, Duell, Dunn, Edgerton, Elliot,
MARYLAND.-H. Winter Davis, J. M. HARRIS, Hughes, 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 8. Martin, Wilson, Francis W. Kellogg, William Kellogg, Kilgore, Killinger, Pryor, William Smith-10. Larrabee, De Witt C. Leach, Lee, Logan, Loomis, Luve
NORTH CAROLINA.-Branch, GILMER, Rufin, WILLIAN joy, Maclay, Marston, Charles D. Martin, McClernand, N. H. Smith, Vance~5. McKean, McKnight, Millward, Moorhead, Morrill,
SOUTH CAROLINA.- Bonham, Keith, McQueon, Hiles-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, Flouston, Suydenton, Sedgwick, Sherman, Somes, Spinner, Stanton, Stort, ham Moore, Pugh-6. Stratten, Tappan, Thayer, Tompkins, Train, Trimble,
MISSISSIPPI— Barksdale, Reuben Davis, Lamar, Me Vallandigham, Vandever, Verree, Waldron, Walton, Cad- Rea, Singleton5. valader c. Washburn, Ellihu B. Washburne, Israel Wash
LOUISIANA.-Landrum-1. burn, Weils, Windom, and Woodruff-106
ARKANSAS.-Hindman-1. NATS -- Messrs. GREEN ADAMS, Thomas L. Anderson,
Texas.-Hamilton, Reagan-2. WILLIAM C. ANDERSON. Avery, Barksdale, Bocock, Bon
MISSOURI.— Thomas L. Anderson, Noell, Woodsonham, Brasson, Branch, BRISTOW, Burch, Burnett, Clop
TENNESSEE. -Avery, ETH ERIDGE, Hatton, MAYNARD, ton, Cobb, Curry, Reuben Davis, De Jarnette, Ed. Nelson, Stokes, Wright—7. mundson, English, ETH-RIDGE, Garnett, Gartrell, Gil
KENTUCKY.-GREEN, ADAMS, WILLIAM O. ANDERSON, HER, Hardeman, Á. MORRISON HARRIS, HATTON, 'Hill, BRISTOW, Burnett, MALLORY, Peyton, Simms, Steven. Hindman, Houston, Tłughes, Jackson, Jenkins, Jones, son-8. Total, 68. Keitt, Lamar, Landrum, Leake, Love, MALLORY, Elbert Martin, MAYNARD, Mcqueen, McRae, Miles, Millson, Dem., of Pennsylvania.
All from Slave States except Montgomery, Montgomery, NELSON, Niblack, Noell, Peyton, Pryor, Pugh, Reagan, Ruffn, Sickles, Simms, Singleton, This bill was sent to the Senate, where it was William Smith, WILLIAM'N, H. SMITH, Stevenson, STOKES, referred to the Committee on Public Lands, Underwood, Vasce, WEBSTER, Whiteley, Woodson, and Wright-67.
and on the 17th of April, Mr. Johnson, of TenRepublicans in Roman; Democrats in Italics ; Ameri- nessee, the Chairman of that Committee, recans in SMALL CAPS; Anti-Lecompton Democrats inported 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 preemptors then occuthe bill be engrossed and read a third time. Mr. pying the Public Lands. When this bill came Branch (N. Č.) 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 31, as follows: Pennsylvania, and the nays all from the North, Clark, Collamer, Dixon, Doolittle, Douglas, Durkee
YEAS—Messrs. Anthony, Bingham, Cameron, Chandler, except Mr. James Craig, Democrat, of Missouri. Foot,' Foster, Grimes, Hale, Hamlin, King, Rice, seSo the House refused to lay the bill on the ward, Simmons, Sumner, Ten Eyck, Toombs, Trumbull,
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, Brage, Bright, Brown, Roman, the Administration Democrats in Italics, Green, Gwin, 'Hammond, Hemphill, Hunter, Iverson, the Americans in small CAPS, and the Anti Johnson, of Arkansas, Johnson, of Tennessee, Lane, Lecompton Democrats in Roman s pa ced:
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, Gooeh, Rice, Thayer, Train-6. CONNECTICUT.—Burnham, Ferry, Loomis, Woodruk-4. Mason, Pearce, Powell and Toombs. The House RAODE-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, Ha skin, Hoard, Humphrey, Lee, Maclay, McKean,'olin, Pottle, the part of Committees of the two Houses, Hickles, Spinner, Van Wyck, 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 Senate bill with slight amendments. On that
shall have been surveyed, which we held would be
peculiarly oppressive upon the pioneers who had gone day Mr. Schuyler Colfax reported to the House to the frontier to settle upon the public lands, and to : as follows:
which we could never have consented. Now, Mr. *
Speaker, I desire to state, in conclusion, that the comMr. 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 utan report 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 Confeing 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 shall 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 acant courrier. We shall de finding, 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 under 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 20 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 hereafter 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 to be advertised this fall for sale, we changed the Senate shall appeal to the young men to demand of those who
utmost efforts, in procuring its extension to all; but we 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 admit 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 principle 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 Comchange we have made in the Senate bill is in relation to mittee, 116 to 51, as follows: the scope of land coming under the operations of the law. The House bill embraced all the Government land, Yras.-Messrs. C. F. Adams, Allen, Alley, Aldrich, Ashoffered or unoffered, except such as was specially ru ley, Babbitt, Barr, Beale, Bingham, Francis P. Blair, served. The Senate bill confined its provisions to land Samuel S. Blair, Blake, Brayton, Briggs, Buffinton, Burch, subject to private entry, exclusively. As I have explain Burlingame, Burnham, Butterfield, Campbell, Carey, Cared on a former occasion, the expression “subject to pri- ter, Case, H. F. Clark, Cobb, Colfax, Corwin, Covode, Cox, vate entry" means such as are left after the lands have Curtis, John G. Davis, Dawes, Delano, Duell, Dunn, Edgerbeen once regularly brought into market, exposed to ton, Edwards, Elliot, Ely, Ferry, Florence, Foster, Frank, public sale, and the speculators have taken such as they French, Gooch, Graham, Grow, Gurley, Hale, Hall, Hassee fit to purchase. The difference between these two kin, Helmick, Hoard, Wm. Howard, Humphrey, Hutchins, bills seemed so radical as to be incapable of adjustment; Junkin, F. W. Kellogg, Wm. Kellogg, Kenyon, Killinger, and the scope of farming land covered by the Senate bili De Witt C. Leach, Lee, Longnecker, Loomis, Maclay, was so limited, there being but little, if any, in Minnesota, Marston, McKean, McKnight, McPherson, Millward, Kangas, Nebraska, California, Oregon, and Washington, Moorhead, Morrill, E. Joy Morris, I. N. Morris, Morse that the House conferees declined to accept it. But on Niblack, Nixon, olin, Palmer, Pendleton, Perry, Pettit
, this, too, we finally effected a compromise. By our re- Phelps, Porter, Potter, Rice, Riggs, Christopher Robinson, port, all the land subject to private entry is included, Royce, Sedgwick, Sherman, Somes, Spaulding, Spinner, and, in addition, all the odd-numbered sections of the Stanton, William Stewart, Stout, Tappan, Taylor, Thayer, surveyed public lands, which have not been opened to Theaker, Tompkins, Train, Trimble, Vandever, Van Wyck, public sale-a most material and beneficent enlargement Verree, Wade, Walton, C. C. Washburn, E. B. Washburne, of the Senate bill. We were offered, after this agreement, Israel Washburn, Wells, Windom, and Woodruff –116. whichever half of the unoffered lands we chose, and we took the odd-numbered sections. The reason for this Nayg-Messrs. Green Adams, William C. Anderson, was, that the 16th section of a township, being reserved Ashmore, Avery, Barksdale, Bocock, Bonham, Boyce, for school purposes by our land laws, the four adjoining Brabson, Branch, Burnett, Clopton, Burton Craige, Craw sections to it, on the north, west, east, and south, are sec. ford, Ourry, De Jarnette, Gilmer, Hardeman, J. Morri tions 9, 16, 17, and 21, all odd-numbered sections, which son IIarris, John T. Harris, Hatton, Houston, Jenkins, are thus saved for homestead settlers, who have
reserved Jones, Keitt, Landrum, James M. Leach, Leake, Love, for them 18 out of the 85 disposable sections in each town. Mallory, Maynard, McQueen, Miles, Millson, Sydenham ship of six miles square.
Moore, Nelson, Peyton, Quarles, Reagan, Ruffin, WilOn all these lands, actual settlers, who are heads of liam Smith, William N. 8. Smith, Stevenson, Stokes, families, are allowed, after having occupied the land for Thomas, Underwood, Vance, Webster, Winslow, Woodfive years, to purchase at 25 cents per acre, which is son, and Wright-51. about the average cost price of the public lands to the Government. We struggled, of course, to include all
The nays are all from the Slave States. young men over 21 who are not heads of families, and to
The Senate agreed to the report of the Con. adopt the Free Homestead principle of the House bill; ference Committee, 36 to 2-Messrs. Bragg and 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 : do this till after he has been on the land six months. | AN ACT to secure Homesteads to actual settlers on 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 Be it enacted by the Senate and House of Represen. have also agreed to strike out the eighth
section of their lives of the United States of America in Congrat bill, which made it imperative upon the
Piæident to ex. l assembled, That any person who is the bead of a family,
and a citizen of the United States, shall, from and after shall be permitted to enter more than one quarter-secthe passage of this act, be entitled to enter one quarter- tion or fractional quarter-section, and that in a oompact Itction 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 saine shall have been surveyed, upon the following con- 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 to 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 maximum of compensation now prescribed by that such application 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 benefits 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 oc same with the register, he or she shall thereupon be per- cupancy for at least three months, as provided for in mitted to enter the quantity of land already specified : Sec. 3 of the said act. Provided, however, That no final certificate shall be
$ 7. And be it further enacted, That each actual set. given, 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- offered 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 commencement 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 Dis. prove, 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 fame 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 624 quarter-section or fractional quarter-section of land upon cents per acre, if paid within two 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. tries 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 Aired to and 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 88. 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 the patent
of land so entered at any time after an actua settlement $ 4. And be it further enacted, That if, at any time of six months, and before the expiration of the five year, 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 tler, 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 situatedland 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 public 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 can of the Interior. And provided further, I'hat no cessions : celled, again be subject to occupation, or entry, or pur- shall take effect until after the States, by legislative acto.. 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 Presi. dent 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 intention, 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 wnich this act, such person shall be entitled to all the rights it originated, the bill entitled - An act to secure Homeconferred by this act.
steads to actual settlers on the public domain and for $ 6. And be it further enacted, That no 'ydividual | other purposes," presented to me on the 20th instans.
VETO MESSAG : OF THE PRESIDENT.