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slaveholding or non-slaveholding States, I am not ap- | distinctly announced my opinion in favor of the power of: prised of it. I believe the plan devised by the founders Congress to abolish Slavery in the District of Columbia of the Government, including the Fathers of our Political although I was, for reasons which were then, and are still Church, for the treatment of this great subject, and which satisfactory to my mind, very decidedly opposed to its hás hitherto been so faithfully sustained, and which has exercise there. The question of power is certainly as proven so successful in preserving the Union of these clear in respect to the Territories as it is in regard to that States, to be not only the wisest which the wit of man District; and as to the Territories, my opinion was also could have devised; but the only one consistent with the made known in a still more solemn form, by giving the safety and prosperity of the whole country. I do, there- Executive approval required by the Constitution to the fore, desire to see it continued so long as Slavery exists in bill for the organization of the Territorial Government of the United States. The extent to which I have sustained lowa, which prohibited the introduction of Slavery into it in the various public stations I have occupied is known that Territory. to the country. I was at the time well aware that I went The opinion from which we dissent was given in the further in this respect than many of my best friends could face of, and directly contrary to, the views expressed, in approve. But deeply penetrated by the conviction that forms the most solemn and explicit, by all or nearly all Slavery was the only subject that could endanger our the non-slaveholding States, and we are not at liberty to blessed Union, I was determined that no effort on my suspect the sincerity of these expressions. Honest and part, within the pale of the Constitution, should be want. well-meaning men, as we know the masses of our politiing to sustain its compromises, as they were then under cal friends in those states to be, are incapable of triding stood, and it is now a source of consolation to me that I with so grave a subject. pursued the course I then adopted.

Our ancestors signalized the commencement of this The doctrine which the late Baltimore Convention has glorious Government of ours, by rescuing from subjection presented for the sanction of the nation, is, in substance, to Slavery a Territory which is now covered by five great that the laws I referred to were but so many violations of States, and peopled by more than four millions of freemen, the Constitution—that this instrument confers no power on in the full enjoyment of every blessing which industry Congress to exclude Slavery from the Territories, as has and good institutions can confer. They did this when the 80 often been done with the assent of all. This doctrine opinions and conduct of the world in regard to the instiis set forth in the published opinion of the highly respect- tution of Slavery were very different from what they are • able nominee of that Convention, who, it is well known, now. received that distinction, because he avowed that opinion, They did so before Great Britain had even commenced and who, it is equally certain, would not have received it those gigantic efforts for the suppression of Slavery by If he had not done so. It is proposed to give this doctrine which she has so greatly distinguished herself. After the most solemn sanction known to our political system, seventy-four years' enjoyment of the sacred and invaluby the election of its declared advocate and supporter to able right of self-government, obtained for us by the valor the Presidency. If it receives the proposed sanction of and discretion of our ancestors, we, their descendants, the People of the United States, the result cannot be are called upon to doom, or if that is too strong a word, doubtful. The policy in regard to the extension of to expose to the inroad of Slavery, a territory capable of Slavery to the Territories of the United States into which sustaining an equal number of new States to be added to it has not yet been introduced, which has existed since our Confederacy-a territory in a great part of which the commencement of the Government, and the conse- Slavery has never existed in fact, and from the residue of quences of which have been so salutary, must cease, and which it has been expressly abolished by the existing Gov. every act of Congress designed to carry it into effect be ernment. We are called upon to do this at a period when defeated by the Veto of the Executive.

the minds of nearly all mankind have been penetrated by The Territories now owned by the United States, and a conviction of the evils of Slavery, and are united in every acquisition of territory that may hereafter be made efforts for its suppression-at a moment, too, when the spirit to the United States, whether obtained by annexation, by of Freedom and Reform is everywhere far more prevalent cession for a valuable consideration, or by conquest, must, than it has ever been, and when our Republic stands as long as this opinion is held, and as far as the action of proudly forth as the great exemplar of the world in the the National Legislature is concerned, be subject to the science of Free Government. inroads of Slavery. And this consequence is to be sub- Who can believe that a population like that which in. mitted to on the assumption that the framers of the habits the non-slaveholding States, probably amounting Constitution, with their attention directed to the subject, to twelve millions, who by their own acts, or by the fore. and with a well understood desire to do so, have failed to sight of others, have been exempted from the evils of clothe Congress with the necessary powers to prevent it. Slavery, can at such a momeot be induced, by consideraI cannot, with my vote, contribute to this sanction. I tions of any description, to make a retrograde movement cannot do so, because I cannot concur in the opinion of a character so extraordinary and so painful! Such a which we are called upon to sustain.

movement would, in my view of the matter-and I say it The power, the existence of which is at this late day de- with unfeigned deference to the conflicting opinions of nied, is, in my opinion, fully granted to Congress by the Con- others-bring reproach upon the influence of free institustitution. Its language, the circumstances under which it tions, which would delight the hearts and excite the hopes was adopted, the recorded explanations which accompanied of the advocates of arbitrary power throughout the its formation the construction it has received from our world. highest judicial tribunals, and the very solemn and re- Accept, gentlemen, my warmest acknowledgments for peated confirmations it has derived from the measures of the obliging expressions contained in your letter, and bethe Government-leave not the shadow of a doubt in my lievo me to be mind, in regard to the authority of Congress to exercise

Your friend,

MARTIN VAN BORBU. the power in question. This is not a new opinion on my part, nor the first occasion on which it has been avowed, To Messrs. Nelson J. Waterbury, David Dudley Field, and While the candidate of my friends for the Presidency, I others, New York.

LAND FOR THE LANDLESS.

Action of Congress on the Public Lands.

TAE Public Domain of the United States is ment there are now about one thousand millions still immense, notwithstanding the millions upon of acres of public lands still unentered. “What millions of acres which have been squandered shall be done with this immense domain ?" is a or passed over to the hands of speculators and question which has for years occupied the monopolists, by the action of the National Go- minds of thoughtful men, who have the best vernment during the past few years. It is interests of society ať heart. At length, the estimated by intelligent persons, who have great question of the proper disposition of these given their attention to the subject, that lying lands has become one of party, and may be stated within the States and Territories of this Govern- as follows: “Shall the Public Domain be open

TIAS.

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to monopoly by speculators, leading inevitably fried, the bill never would have been reached, to a landed aristocracy ? or shall it be reserved and would never have been heard of afterward. for actual occupants in small quantities, at a The vote upon the motion to refer the bill to nominal price, or without price ?" There would ; the Committee of the Whole, was as follows be no difficulty whatever in adjusting this the Democrats in Roman, the Republicans in question at any time and in the right way, if Italics, and the Southern Americans in small the Negro question, which, in the National CAPITALS: Administration, absorbs or overrides all others, were not behind it. Although this is an old

MAINE.- Wood-1. question, it had never commanded in Congress,

CONNECTICUT.-Arnold, Bishop-2.

New-YORK.-Burroughs, Maclay, Russell, Taylor-4. the attention to which it is entitled, previous to NEW-JERSEY.-- Wortendyke-1. the organization of the Republican party; be- PENNSYLVANIA.-Ahl, Chapman, Dewart, Montgomery, cause until that time both the great parties Morris, Ritchie, White-7.

MARYLAND.-HARRIS, RICAUD-2. into which the country was divided were either

VIRGINIA.-Bocock, Caskie, Edmundson, Faulkner, Gar. controlled, or their action was modified, by the nett, Millson, Powell—7. Slaveholding interest of the country. That NORTH CAROLINA.-Craige, Ruffin, Scales, Winslow-4.

SOUTH CAROLINA.-Boyce, Branch, Keitt, McQueen, interest, which is ever vigilant, understands Miles-3. that Slavery cannot well exist were small free- GEORGIA. --Crawford, Gartrell, Jackson, Seward, Ste. bolds prevail, and hence it opposes, with all its phens, Trippe, Wright-7.

FLORIDA.-Hawkins-1. great power, all Preëmption and Homestead

ALABAMA.-Curry, Houston, Moore, Shorter--4. laws, knowing well that if our new States and MISSISSIPPI.-Barksdale, Davis, McRae-8. Territories are to be occupied in quarter-sec

LOUISIANA.- Eostis, Sandidge, Taylor-3.

TEXAS.-Bryan, Reagan-2. tions, they will be occupied by working farmers,

TENNESSEE. --Atkins, Jones, MAYNARD, READY, Savage, and not by speculators and great planters. Watkins, ZOLLICOFFER—7.

Since this question has assumed a national KENTUCKY.-Burnett, Jewett, MARSHALL, Peyton, Stoimportance, a concise record of the proceedings

venson, Talbott, UNDERWOOD—7.

MISSOURI.--ANDERSON, Caruthers, John B. Clark, James and votes in Congress during the session of Cruig, Phelps,

WOODSON-6. 1858–9, and 1859-60, upon the disposition of Oh10.-Burns, Cockerill, Groesbeck, Harlan, Lampe the Public Domain, will be of interest as a rence, Nichols, Pendleton, Vallandigham-8.

INDIANA.-Davis, English, Gregg, Hughes, Niblack-5. matter of record.

ILLINOIS.-Marshall, Morris, Shaw, Smith-4. On the 20th of January, 1859, (See Congress

Total, 90. ional Globe, p. 492,) a bill relating to preëmptions, reported from the Committee on Public MAINE.- Foster, Gilman, Morse, I. Washburn4

New-HAMPSHIRE.-Cragin, Tappan-2. Lands, was pending before the House. The bill

VERMONT.-Morrill, Royce, Walton-3. proposed to make some changes in the details MASSACHUSETTS.-Buffinton, Burlingame, Chaffee, com of existing preëmption laws, but without affect- mins, Dawes, Hall, Knapp, Thayer-8.

RuoDE ISLAND.-Brayton, Durfeo-2. ing the substance of the present system of dis

CONNECTICUT.-Clark, Dean-2. posing of the public lands. It was, however, in New-YORK.-Andrews, Clark, John Cochrane, Dodd, parliamentary order to propose to amend the Fenton, Granger, Hatch, Hoard, Kelsey, Matteson, bill so as to change the present system, and to Morgan, Morte, Murray, Olin, Palmer, Parker, Spin bring the House to a direct vote upon such pro- New-JERSEY.-Claroson, Huyler_2. positions. The friends of such change were

PenssYLVANIA.-Covode, Edie, Florence, Gror, Jones, prompt to avail themselves of this advantage.

Keim, Leidy, Purviance, Stewart-9.

MARYLAND.-Bowie, Stewart-2. Mr. Grow, of Pennsylvania, moved to amend VIRGINIA.-Goode, Hopkins-2. the bill by adding the following as an adaitional NORTH CAROLINA.-GILMER, VANCE—2. section :

ALABAMA.-Cobb, Dowdell, Stallworth-8.

MISSISSIPPI. -Singleton-1. Be it further enacted, That from and after the pas

0910.–Bingham, Bliss, Giddings, Hall, Leiter, sage of this act, no public land shall be exposed to sale by Mott, Sherman, Stanton, Tompkins, Wado-11. proclamation of the President, unless the same shall have INDIANA.-Colfax, Foley, Kilgore, Pettit, Wilson been surveyed, and the return of such survey duly filed in -5. the Land Office, for ten years or more before such sale. ILLINOIS.-Farnsworth, Kellogg, Lovejoy, Washburne, The force and effect of this amendment would

.-Blair-1. be to give the preëmptors ten years the start MICHIGAN.-Ioward, Leach, Walbridge, Waldron of the speculators and land monopolists. That

WISCONSIN.-Potter, Washburn-2. is to say: with the addition of Mr. Grow's

Iowa.--Curtis, Davis-2. amendment to the existing laws and regulations CALIFORNIA.-Scott-1. touching the Public Lands, they would be open

MINNESOTA.-Cavanaugh, Phelps-2. Total, 92. to preëmption ten years before they could come

The motion to refer the bill to the Commit. within the grasp of the speculator, thus giving tee of the Whole having thus failed, the House the poor, industrious settler time to was brought to a direct vote upon Mr. Grow's "clear up.” his farm and pay for it from the pro- amendment, which was adopted by the followceeds of the soil. This was just what the South ing votes : and the Democracy did not want, as the sequel will show.

MAINE.--Foster, Gilman, Morse, Washburn, Wood

-5. The opponents of the bill forthwith resorted New-HAMPSHIRE.-Cragin, Pike, Tappan-3. to parliamentary tactics to avoid a direct issue VERMONT.-Morrill, Royce, Walton-3. apon Mr. Grow's proposition.

MASSACHUSETTS.-Bufinton, Burlingame, Chaffes, Their first movement was a motion to refer -10.

Comins, Davis, Dawes, Gooch, Hall, Knapp, Thayer the bill and amendment to the Committee of the RHODE ISAND.-Brayton, Durfee—2. Whole, familiarly and aptly styled “the tomb of

CONNECTICUT.-Dean-1.

New-YORK.- Androwe, Bennett, Burroughs, Clark, the Capulets.” If that reference had been car- John Cochrane, Dodd, Fenton, Granger, /oard, Kel

MISSOURI.

YEAS.

NAYS.

tey, Matteson, Morgan, Morse, Murray, Olin, Pul ILLINOIS.-Farnsworth, Kelbogo, Lovejoy, Morrla,
mer, Parker, Sherman, Spinner, Thompson-20. Washburne-5.
NEW-JERSEY.-Robbins-1.

WISCONSIN.- Potter, Washburn-2.
PENNSYLVANIA.-Chapman, Covode, Edie, Florence, Iowa.-Curtis, Davis--2.
Grow, Keim, Morris, Phillips, Purviance, Ritchie, MINNESOTA.-Cavanaugh, Phelps—2.
Stewart-11.

MISSOURI.-Blair-1. Total-91.
MARYLAND.-Stewart-1.

NAYS.
TENNESSEE.—Atkins, Avery, Jones, Savage-4.
KENTUCKY.-Jewett, Stevenson, Talbott-3.

CONNECTICUT.-Arnold-1.
OH10-.Bingham, Bliss, Cockerill, Giddings, Harlan, NEW-YORK.-Corning, Russell, Searing, Taylor-4.
Horton, Lawrence, Leiter, Miller, Mott, Sherman, Stan- NEW-JERSEY.-Huyler.-1.
ton, Tompkins, Wade-14.

PENNSYLVANIA.-Ahl, Chapman, Dewart, Florence INDIANA.-Colfax, Kilgore, Pettit, Wilson-4. Jones, Leidy, Montgomery, Phillips, White-9. ILLINOIS. - Farnsworth, Keilogo, Lovejoy, Washburne DELAWARE.-Whiteley-1.

MARYLAND.—Bowie, Ricard, Stewart-8. Michigan.Howard, Leach, Walbridge, Waldron VIRGINIA.-Bocock, Caskie, Edmundson,

Garnett

Goode, Hopkins, Millson, Powell--8. Wisconsin.-Billinghurst, Potter, Washburn-8. NORTH CAROLINA.-Craige, GILMER, Ruffin, Scales, MINNESOTA.-Cavanaugh, Phelps-2.

Shaw, Vance, Winslow—7. Iowa.-Curtis, Davis-2.

South CAROLINA.-Bonham, Boyce, McQueen-3. MISSOURI.-Blair-1. Total, 98.

GEORGIA. - Crawford, Gartrel, Jackson, Stephens TRIPPE, Wright-6.

FLORIDA.-Hawkins-1. CONNECTICUT.-Arnold-1.

ALABAMA.-Cobb, Dowdell, Houston, Moore, Shorter

Stallworth-6.
New-YORK.-Russell, Searing, Taylor-8.
New-JERSEY.-Huyler, Wortendyke-2.

MISSISSIPPI.-Barksdale. Davis, McRae, Singleton PENNSYLVANIA.-Ahl, Dewart, Leidy, Montgomery-4.

LOUISIANA.-Sandidge, Taylor-2. DELAWARE -Whiteley-1.

TEXAS.-Bryan, Reagan-2. MARYLAND -Bowie-1.

ARKANSAS. -Greenwood-1. VIRGINIA.-Bocock, Caskie, Edmundson, Garnett,

TENNESSEE.--Atkins, Avery, Jones, MAYNARD, RRADY, Goode, Hopkins, Millson, Powell—8.

Savage, Smith, Watkins, ZOLLICOFFER_9. NORTH CAROLINA. --Branch, Craige, GILMER, Ruffin, Mason, Peyton, Stevenson, Talbott, UNDERWOOD-10.

KENTUCKY.-Burnett, Clay, Elliott, Jewett, MARSHALL, Scales, Shaw, VANCE, Winslow-S. SOUTH CAROLINA.-Bonham, Boyce, McQueen, Miles-4.

OHIO.-Burns, Cockerill, Groesbeck, Pendleton, ValGEORGIA -Crawford, Gartrell,

Jackson,' Seward, landigham-5. Stephens, TRIPPE, Wright—7.

INDIANA.-Davis, Foley, Gregg, Hughes-4. FLORIDA.-Hawkins--1.

ILLINOIS.—Marshall, Shaw-2. ALABAMA.-Cobb, Curry, Dowdell, Houston, Moore, WOODSON. Total—95.

MISSOURI.- ANDERSON, Caruthers, Clark, Craig, Phelps, Shorter, Stallworth—7. MISSISSIPPI.—Davis, McRae, Singleton-8,

The defeat of the bill, in consequence of the LOUISIANA.-EUSTIs, Sandidge-2. TEXAS.-Reagan-1.

incorporation into it of Mr. Grow's amend. TENNESSEE. —- MAYNARD, Ready, Smith, Watkins, ZOLLI- ment, shows that a majority of the House was COFFER-5.

really opposed to that amendment, although it KENTUCKY.-Burnett, Elliott, UNDERWOOD-3. 0410.—Burns, Cux, Hall, Pendleton, Vallandigham-6. had been adopted by a vote of 98 to 81. CerINDIANA.-Davis, Foley, Gregg, Hughes—4.

tain members, who did not dare to vote directly ILLINOIS.-Hodges, Marshall, Shaw, Smith-4. Missouri. --ANDERSON, Caruthers, Clark, Craig, Phelps, afterward, by killing the bill

, of which it had

against the amendment, joined in killing it WOODSON-6. CALIFORNIA.-Scott-1. Total, 81.

been made a part by their own votes.

Thus Messrs. Stewart, of Maryland, Atkins, Upou the adoption of Mr. Grow's amendment, Avery, Jones and Savage, of Tennessee, and the Republican vote, as will be seen, was unani- Jewett, Stephenson, and Talbot, of Kentucky, mously in the affirmative. Of the votes from who had voted for the amendment, voted after the Slave States, all but nine were in the nega- ward against the bill. Only one, Mr. Blair, of tive, and, as we shall presently see, there was the nine Southern supporters of the amendonly one of that number who was really in favor ment, proved true to it in the end, and no other of it, this one being Mr. Blair, Republican, of Southeru member came to its support in the Missouri.

final vote, saving only Mr. Davis, of Maryland, Mr. Grow's amendment being incorporated who represents the free-labor interest of the into the bill, the next question was upon the city of Baltimore, rather than the interest of passage of the bill, which was defeated by the the slaveholding and landed aristocracy of the following vote :

planting States.

Afterward, on the same day, when these MAINE.-- Foster, Morse, Washburn, Wood4. votes upon Mr. Grow's amendment were given, New-HAMPSHIRK. - Cragin, Pike, Tappan2. the representatives from Minnesota, both of VERMONT.-Morrill, Royce, Walton-8. MASSACHUSETTS.-Buffinton, Burlingame, Chafee,

them members of the Democratic party, de Comins, Davis, Dawes, Gooch, Hall, Knapp, Thayer livered speeches, in which they made no secret

of their chagrin that a measure so vital to their RODE ISLAND.-Brayton, Durfee-2. CONNECTICUT.-Clark, Dean-2.

constituency encountered the nearly unanimous

Mr. CavaNew-YORK.--Andrews, Bennett, Burroughs, Clark, opposition of their political friends. 0. B. Cochrane, John Cochrane,

Dodd, Fenton, Gran. naugh, one of the members from Minnesota ger, Hatch, Hoard, Kelsey, Matteson, Morgan Morse, (Globe, p. 505), said: Murray, Olin, Palmer, Parker, Spinner, Thompson -21.

With reference to the vote on this bill to-day, with an NEW-JERSEY. -Clawson, Robbins-2.

overwhelming majority of this side of the House voting PRENSYLVANIA.-Covode, Dick, Edie, Gror, Keim, against my colleague and myself, voting against this bill

, Morris, Purviance, Ritchie, Stewart-9.

1 say it frankly, I say it in sorrow, that it was to the ReMARYLAND.-DAVIS-1.

publican side of the House to whom we were compelled to 0810.-Bingham, Bliss, Cox, Giddings, Hall, Harlan, look for support of this just and honorable measure. Horton, Leiter, Miller, Mott, Sherman, Stanton, Tomp. Gentlemen from the South, gentlemen who have broad kins, Wade 14.

acres and wide plantations, aided here to-day by their MICHIGAN. --Howard, Leach, Walbridge, Waldron votes more to make Republican States in the North tban

by any vote which has been cast within the last two INDIANA.-Colfax, Kilgore, Pettit, Wilson on the ! years. These gentlemen come here and ask us to support

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the South; yet they, to a man almost, vote against the death of the surviving parent, and in accordance with the tree, independent labor of the North and West.

laws of the State in which such children for the time being I, sir, have inherited my Democracy; have been at have their domicil, sell said land for the benefit of said tached to the Democratic party from my boyhood; have | infants, but for no other purpose;, and the purchaser believed in the great truths as enunciated by the "fa- shall acquire the absolute title by the purchase, and be thers of the faith," and have cherished them religiously, entitled to a patent from the United States. knowing that, by their faithful application to every $ 8. And be it further en icted, that the register of department of this Government, this nation has grown the land office shall note all such applications on the up from struggling colonies to prosperous, powerful, and tract-books and plats of his office, and keep a register of sovereign States. But, sir, when I see Southern gentle. all such entries, and make a return thereof to the General Den corne up, as I did to-day, and refuse, by their votes, Land Office, together with the proof upon which they

aid my constituents, refuse to place the actual tiller of have been founded. de soil, the honest, industrious laborer, beyond the grasp $ 4. And be it further enacted, That all lands acand avarice of the speculator, I tell you, sir, I falter and quired under the provisions of this act shall in no event I hesitate,

become liable to the satisfaction of any debt or debts con

tracted prior to the issuing the patent therefor. The amendment of Mr. Grow, forbidding the $ 6. And be it further enacied, That if, at any time afpublic sales of lands for at least ten years after ter the filing the affidavit, as required in the second sectheir survey, would secure the great bulk of the tion of this act, and before the expiration of the five years

aforesaid, it shall be proven, after due notice to the settler, lands to preëmptors, and would give thein a

to the satisfaction of the register of the land office, that long pay-day, and thus save them from the the person having filed such affidavit shall have actually enormous usury they are now compelled to pay for more than six months at any time, then, and in that

changed his or her residence, or abandoned the said entry to money-lenders. It would not reduce the event, the land so entered shall revert back to the revenue derived by the Treasury from the Government, and be disposed of as other public lands are public lands, but would only postpone it, and now by law, subject to an appeal to the General Land

Office, this postponement would be far less prejudicial

$ 6. And be it further enacted, That no individual to the Government than it would be beneficial shall be permitted to make more than one entry under to the settler. The Government can borrow the provisions of this act; and that the Commissioner of

the General Land Office is hereby required to prepare money at four and a half per cent per annum, and issue such rules and regulations, consistent with this while the settler frequently pays five per cent. act, as shall be necessary and proper to carry its provi, per month for the money to enter his lands, to sions into effect; and that the registers and receivers of

the several land offices shall be entitled to receive the prevent their sale at public auction.

same compensation for any lands entered under the proOn the first of February, the question of the visions of this act that they are now entitled to receive Public Lands was again before the House, the when the same quantity of land is entered with money. pending bill (House bill No. 72) being a bill to one-half to be paid by the person making the application, secure Homesteads to actual settlers, and being certificate by the person to whom it may be issued : in the words following:

Provided, That nothing in this act shall be so construed

as to impair or interfere in any manner whatever with A BILL TO SECURE HOMESTEADS TO ACTUAL SET- existing preëmption rights. TLERS ON THE PUBLIC DOMAIN.

The previous question having been ordered, 11. Be it enacted by the Senate and House of Re- the House was brought to a direct vote upor presentatives of the United States of America in Con- this bill, without debate. gress assembled, That any person who is the head of a family, or who has arrived at the age of twenty-one

A motion to lay the bill on the table was los years, and is a citizen of the United States, or who shall -Yeas, 77 ; Nays, 113 ; and the bill was the bare filed his intention to become such, as required by the passed-Yeas, 120; Nays, 76. Daturalization laws of the United States, shall, from and after the passage of this act, be entitled to enter, free of

As these two votes were substantially the cost, one quarter-section of vacant and unappropriated same, we only give the last one, which was public lands which may, at the time the application is upon the passage of the bill, and which was as made, be subject to private entry, at $1 25 per acre, or a follows: quantity equal thereto, to be located in a body, in con. formity with the legal subdivisions of p.biic lands, and

YEAS. after the same shall have been surveyed.

MAINE.-Abbott, Foster, Gilman, Morse, Washburn 2. And be it further enacted, That the person ap 5. plying for the benefit of this act shall, upon application to New-HAMPSHIRE.-Cragin, Pike, Tappan-8. the register of the land office in which he or she is about VERMONT.-Morrill, Royce, Walton-3. to make such entry, make affidavit before the said regis- MASSACHUSETTS.-Bufinton, Burlingame, Chaffee, ter that he or she is the bead of a family, or is twenty-one Comins, Davis, Dawes, Gooch, Hall, Knapp, Thayer years or more of age, and that such application is made -10. for his or her exclusive use and benefit, and those spe. Rhode ISLAND.-Brayton, Durfee-2. cially mentioned in this act, and not either directly or CONNECTICUT.-Bishop, Clark, Dean. indirectly for the use or benefit of any other person or New-YORK.-Andreros, Barr, Burroughs, C. B. Cochpersons whomsoever; and upon making the affidavit as rane, John Cochrane, Corning, Dodd, Fenton, Goodwin, above required, and bling the affidavit with the register, ! Granger, Haskin, Hatch, Hoard, Kelsey, Maclay, Matbe or she shall thereupon be permitted to enter the teson, Morgan, Morse, Murray, Olin, Palmer, Parker, quantity of land already specified : Provided, however, Pottie, Russell, Spinner, Taylor, Ward—27. That no certificate shall be given or patent issued therefor • NÊW JERSEY.–Adrian, Clawson, Robbins, Wortendyke until the expiration of five years from the date of such 4. entry; and if, at the expiration of such time, or at any PENNSYLVANIA.-Covode, Dick, Florence, Grow, Hick. fine thereafter, the person making such entry, or, if he man, Keim, Morris, Phillips, Purviance, Reilly, Roberts, be dead, his widow, or, in case of her death, his heirs or Sterbart, Kunkel-13. devisee, or in case of a widow making such entry, her TENNESSEE.-Jones-1. heirs or devisee, in case of her death, shall prove by KENTUCKY.-Jewett-1. to creditable witnesses that he, she, or they, have con. OHIO.

Bingham, Bliss, Burns, Cockerill, Cox, Gidtinued to reside upon and cultivate such land, and still dinge, Groesbeck, 'Hall, Harlan, Horton, Lawrence,

upon the same, and have not alienated the same, Leiter, Miller, Pendleton, Sherman, Stanton, Tompor any part thereof, then, in such case, he, she, or they, if kins, Vallandigham, Wade-19. at that time a citizen of the United States, shall, on pay. INDIANA.-Case, Colfaw, Davis, Foley, Gregg, Kilgore, ment of ter dollars, be entitled to a patent, as in other Pettit, Wilson_8. cases provided by for law : And provided, further, In

ILLINOIS. - Farnsworth, Hodges, Kellogg, Lovejoy, case of the death of both father and mother, leaving an in. Morris, Smith, Washburno-7. lant child or children under twenty-one years of age, the MICHIGAN.-Howard, Leach, Walbridge, Waldron 4 right and the fee shall inure to the beneớt of said infant WISCONSIN.—Billinghurst, Potter, Washburn 3. child or children, and the executor, administrator or MINNESOTA.---Cavanaugh, Phelps-2. guardian may, at any time within two years after the Iowa-Curtis, Davis-2.

reside

XAYS.

Stewart-6.

NORTH CAROLINA, —

Miles_5.

LOUISIANA.-EUSTIS-1.

WOOD-5.

MISSOURI.--Craig--1.

both of them commanding the support of the CALIFORNIA.—McKibbin, Scott-2. Total, 120.

majority of that body.

On the 17th day of February, Mr. Wade, of

Ohio, (Con. Globe, page 1074,) moved to postPENNSYLVANIA.—Leidy-1. DELAWARE.-Whiteley-1.

pone all prior orders and take up the Homestead MARYLAND.—Bowie, Davis, HARRIS, Kunkel, Ricaud, bill, which had passed the House. The follow

ing extracts from the debate upon this motion VIRGINIA.-Bocock, Caskie, Edmundson, Faulkner, GarDett, Goode, Hopkins, Jenkins, Letcher, Millson, Smith will exhibit the points made : --11.

Mr. Wade.-The Homestead bill, to which I am a good - Branch, Craige, GILMER, Ruffin, deal attached, has, I believe, twice passed the House and Scales, Shaw, VANCE, Winslow-8. SOUTH CAROLINA. - Bonham, Boyce, Keitt, McQueen, we have never had a direct vote upon it here that I know

come to this body, but somehow it has had the go-by, and

of. I do not propose to discuss it for a single moment, and GEORGIA.-Crawford, Gartrell, HILL, Jackson, Seward, I hope none of its friends will debate it, because it has Stephens, TRIPPE, Wright-8.

been pending before Congress for several years, and I pre ALABAMA. - Cobb, Curry, Dowdell, Houstin, Moore, sume every senator is perfectly well acquainted with all Shorter, Stallworth—7.

its provisions, and has made up his mind as to the course MISSISSIPPI.–Barksdale, Lamar, McRae, Singleton-4.

he will pursue in regard to it. I have no hope that any

thing I could say would win an opponent of the bill to its TEXAS.-Reagan-1.

support; and I hope every friend of the measure will take ARKANSAS.-Greenwood-1. TENNESSEE.-Atkins, Avery, MAYNARD, READY, Smith, think it is the great measure of the session. All I want,

no time in debate, but will try to get a vote upon it, for I Watkins, Wright, ZOLLICOFFER-8.

all I ask, is to have a vote upon it. KENTUCKY. -Burnett, MARSHALL, Mason, Peyton, UNDER

Mr. Reid, of North Carolina. I think it is too late in the

session now to take up this bill to be acted upon here, at OH10.-Nichols-1.

least until we act upon other great measures upon which INDIANA.-English, Hughes, Niblack-3.

there is more unanimity of sentiment in the country, and ILLINOIS.--Marshall, Shaw-2.

a higher sense of duty upon us to pass them during the MISSOURI.-ANDERSON, Clark, WOODSON—3. Total, 76.

few days of the session that remain.

Mr. Hunter, of Virginia.- I believe that a fortnight from Only three Southern members—Jones of Ten-to-day will take us to the 8d of March. Now, it is known nessee, Jewett of Kentucky, and Craig of Mis- that we have nearly all the important appropriation bills, souri-voted for the bill, thereby marking un

and one that is unfinished, to take up. I hope there will

be no effort to press this Homestead bill, so as to displace mistakably the sectional character of the oppo- the appropriation bills. I must appeal to the Senate to sition to it.

consider how little of the session is now left to us, and The Republican vote, with a solitary excep- Whether we ought not to take up the appropriation bill and

dispose of it. sion, was given solid for the bill. Of the

Mr. Shields, of Minnesota.-The friends of this bill deNorthern members connected with the Demo- sire nothing but a vote upon it, not to waste time in de cratic party, twenty-nine voted for the bill and bate. Let us take it up, and have a fair vote upon it. six voted against it. Thus, of the entire Demo- much opposed to it; but I suppose whenever this bill cratic party in the House, a large majority was comes up, it must be the subject of debate. against the bill, but even this is less important Mr. Wilson, of Massachusetts.- I appreciate the anxiety than the other fact, that the Southern wing of of the senator from Virginia to take up the appropriation the vote was almost unanimously against, it to take up this bill, and have a vote upon it. I do not being this Southern wing which controls in the suppose that anybody, who is in favor of the measure, de party councils, and which, when out-voted in sires to consume the time of the Senate, at this stage of the House, has other departments of the Gov. the nation. It is well understood. I believe it is suernment, the Senate and the President, with tained by an overwhelmning majority of the people of the which it is more powerful, and by means of country, which it has so far rarely failed to defeat mea

Mr. Wade.--I have no doubt, from the business before

us, that this is the last opportunity we shall have to act sures, however popular and beneficial, which it upon this great measure, I hope, as I said before, that dislikes.

every friend of it will stand by it until it is either triumphThe Homestead bill had now passed the House ant or defeated, and that, too, in preference to any other

As to the appropria. by a decisive majority, but it had yet to encoun- tion bills, I have not the least fear but that they will go ter the more dangerous ordeal of the Senate, in through.' Their gravitation carries them through. which the Democratic majority was larger, and

The question was then taken, and Mr. Wade's in which the representation of the slaveholding motion was carried by the following vote, the States is proportionably greater.

Republicans being indicated by italics : No direct vote upon the measure was, in fact, reached in the Senate, because the Southern Dixon, Doolittle, Fessenden, Foot, Foster, Gwin, Hale,

YEAS Messrs. Bright, Broderick, Chandler, Collamer, .managers would not permit it.

Hamlin, Harlan, Johnson, of Tennessee, King, Pugh, There are two ways of killing off obnoxious Rice, Seroard, Shields, Simmons, Smith, Stuart, Trum.

bull, Wade, and Wilson–26. measures. One is, to act upon them and vote

ŅAYS—Messrs. Allen, Bayard, Benjamin, Bigler, Brown, them down. Another is, to overslaugh them Chestnut, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, whenever they are proposed, by proceeding to Hammond, Hunter, Iverson, Lane, Mallory, Mason, Pearce, consider some other business. This latter me. Reid, Slidell, Toombs, and Ward-28. thod is invariably resorted to, where a measure, Upon an examination of this vote, it will be obnoxious to a majority of the Senate, is sup- seen that the Republicans voted unanimously posed to be acceptable to the people. And it in the affirmative, and that the Slave State Sen. was precisely by this method, and for that rea- ators were all in the negative, with the solison, that the Homestead bill was run over, tary exception of Mr. Johnson, of Tennessee. shoved aside, evaded, and left unacted upon, by Of the Free State Democrats, Gwin, Bright

, the Senate during its late session. The regular Pugh, Rice, Shields, Smith, and Stuart, all be appropriation bills and the bill for the purchase ing from the new States, voted for Mr. Wade's of Cuba were being pressed upon the time of motion. the Senate during the last days of the session, The Homestead bill was now up, and, so fut

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