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sell, Sandige, Savage, Scales, Seward, Shorter, The 97 yeas comprised 80 Republicans and
Sickles, Singleton, S. A. Smith, Stallworth, Stephens, 17 Democrats, while the 81 nays comprised
TRIPPE, UNDERWOOD, Watkins, White, WOODSON,
Wortendyke, A. R. Wright, J. V. Wright, ZOLLI 75 Democrats and 6 Southern Americans.

COFFER 78.

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Be it further enacted, That from and after the passage of this act no public land shall be exposed to sale, by proclamation of the President, unless the same shall have been surveyed and the return of such survey duly filed in the Land Office for ten years or more before such sale.

The practical effect of this amendment, like that of the bill of the previous session, was to give to the pre-emptor, the actual settler, ten years' precedence of the speculator, and to protect him from the enormous usury of the money sharks, in borrowing from whom he was frequently compelled to heavily mort gage his land. The amendment was opposed by the Southern landed Democracy, the slaveholding aristocracy, which, prior to 1861 as now, dominated the Democratic Party. It was moved that the bill and amendment be consigned to "the tomb of the Capulets," as the Committee of the Whole was familiarly and aptly termed. That motion was defeated by a vote of 92 to 90, and the House

was forced to a direct vote on Mr. Grow's amendment. The amendment was carried by yeas 97, nays 81, as follows:

YEAS-Andrews, Atkins, Avery, Bennett, Billing burst, Bingham, Blair, Bliss, Brayton, Buffington, Burlingame, Burroughs, Cavanaugh, Chaffee, Chap. man, Clark, John Cochrane, Cockerill, Colfax, Co. mans, Covode, Cragin, Curtis, Davis of Mass., Davis of Iowa, Dawes, Dean, Dodd, Durffee, Edie, Farnsworth, Fenton, Florence, Foster, Giddings, Gilman, Gooch, Granger, Grow, Hall, Harlan, Hoard, Horton, Howard, Jewett, Jones, Keim, Kellogg, Kelsey, Kilgore, Knapp, Lawrence, Leach, Leiter, Lovejoy, Matteson, Miller, Morgan, Morrill, Morris, F. H. Morse, O. A. Morse, Mott, Murray, Olin, Palmer, Parker, Pettit, Phelps, Phillips, Pike, Potter, Purviance, Ritchie, Robbins, Royce, Savage, John Sherman, Jno. W. Sherman, Spinner, Stanton, Stevenson, Stewart, Talbot, Tappan, Thayer, Thompson, Tompkins, Wade, Walbridge, Waldron, Walton, C. C. Washburn, E. B. Washburne, I. Washburn, Jr., Wilson, Wood-97.

NAYS-Ahl, ANDERSON, Arnold, Bocock, Bonham, Bowie, Boyce, Branch, Burnett, Burns, Caruthers, Caskie, Clark, Cobb, Cox, James Craig, Burton Craige, Crawford, Curry, J. G. Davis, Reuben Davis, Dewart, Dodell, Eustis, Faulkner, Foley, Garnett, Gartrell, GILMOR, Goode, Gregg, Hall, Hawkins, Hodges, Hopkins, Houston, Hughes, Huyler, Jackson, Leidy, McQueen, McRae, Marshall, Maynard, Miles, Millson, Montgomery, Moore, Pendleton, Phelps, Powell, READY, Reagan, Ruffin, Russell, Sandige, Scales, Scott, Searing, Seward, A. Shaw, H. M. Shaw, Shorter, Singleton, R. Smith, S. A. Smith, Stallworth, Stephens, Stewart, Taylor, TRIPPE, UNDERWOOD, Vallandigham, VANCE, Watkins, Whitely, Winslow, WOODSON, Wortendyke, Wright,

The bill

as

amended defeated by the Democrats.

But the bill as amended was defeated by a vote of 95 nays to 91 yeas, as follows:

YEAS. -Messrs. Andrews, Bennett, Bingham, Blair, Bliss, Brayton, Buffinton, Burlingame, Burroughs, Cavanaugh, Chaffee, E. Clark, jun., H. F. Clarke, Clauson, C. B. Cochrane, John Cochrane, Colfax, Comins, Davis of Mass., T. Davis of Iowa, Dawes, Dean, Dick, Covode, Cox, Cragin, Curtis, HENRY W. DAVIS, T. Dodd, Durfee, Edie, Farnsworth, Fenton, Foster, Giddings, Gooch, Granger, Grow, L. W. Hall, R. B. Hall, Harlan, Hatch, Hoard, Horton, Howard, Keim, joy, Matteson, Miller, Morgan, Morrill, Ed. J. Morris, Kellogg, Kelsey, Kilgore, Knapp, Leach, Leiter, LoveI. N. Morris, F. H. Morse, O. A. Morse, Mott, Murray, Olin, Palmer, Parker, Pettit, Phelps, Pike, Potter, Purviance, Ritchie, Robbins, Royce, John Sherman, Spinner, Stanton, Stewart, Tappan, Thayer, Thompson, Tompkins, Wade, Walbridge, Waldron, Walton, C. C. Washburn, E. B. Washburne, I. Washburn, jun., Wilson, Wood-91.

NAYS. Messrs. Ahl, ANDERSON, Arnold, Atkins, Avery, Barksdale, Bocock, Bonham, Bowie, Boyce, Bryan, Burnett, Burns, Caruthers, Caskie, Chapman, J. B. Clark, Clay, Cobb, Cockerill, Corning, James Craig, Burton Craige, Crawford, J. G. Davis, Reuben Davis, Dewart, Dowdell, Edmunson, Elliott, Florence, Foley, Garnett, Gartrell, GILMER, Goode, Greenwood, Gregg, Groesbeck, Hawkins, Hopper, Houston, Hughes, Huyler, Jackson, Jewett, G. W. Jones, O. Jones, Leidy, McQueen, McRae, H. MARSHALL, S. S. Marshall, Mason, MAYNARD, Millson, Montgomery, Moore, Pendleton, Peyton, Phelps, Phillips, Powell, READY, Reagan, RICAUD, Ruffin, Russell, Sandidge, Savage, Singleton, Smith, Stallworth, Stephens, Stevenson, Scales, Searing, A. Shaw, H. M. Shaw, Shorter, Stewart, Talbott, G. Taylor, M. Taylor, TRIPPE, UNDERWOOD, Vallandigham, VANCE, Watkins, White, Whitely, Winslow, WOODSON, Wright, ZOLLICOFFER

-95.

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I say it frankly I say it in sorrow - that it was to the Republican side of this House to whom we were compelled to look for support of this just and honorable measure. Gentlemen from the South, gentlemen who have broad acres and white plantations, aided here to-day by their votes more to make Republican States in the North than by any vote which has been cast within the last two years. These gentlemen come here and ask us to support the South, yet they, to a man almost, vote against the free, independent labor of the North and West.

Mr. Cavanaugh declared that he had "inherited his Democracy;" that he had been a" Democrat from his boyhood;" that he "believed in the great truths as enunciated by the fathers of the faith" and "cherished them religiously." He added:

But, sir, when I see Southern gentlemen come up as they did to-day, and refuse by their votes to aid my constituents-refuse to place the actual tiller of the soil, the honest, industrious laborer beyond the grasp and avarice of the speculator, I tell you, sir, I falter

CHAPTER IX.

The Homestead Question.

We

"We re-affirm the policy of appropriating the public lands of the United States to be homesteads for American citizens and settlers, not aliens, which the Republican Party established in 1862, against the persistent opposition of the Democrats in Congress, and which has brought our great Western domain into such magnificent development. charge the Democratic Administration with failure to execute the laws securing to settlers title to their homesteads, and with using appropriations made for that purpose to harass innocent settlers with spies and prosecutions under the false pretence of exposing frauds and vindicating the law."-Republican National Platform, 1888.

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In 1852 the Free Soilers in their convention declared "that the public lands of the United States belong to the people, and should not be sold to individuals, nor granted to corporations, but should be held as a sacred trust for the benefit of the people, and should be granted in limited quantities, free of cost, to landless settlers." This plank was substantially reasserted in the Republican platform of 1856, and in addition the Republicans declared in favor of land aid to secure the construction of Pacific railways. A fierce political battle ensued which did not cease until the passage of the Homestead bill of 1862, after the Republicans had obtained control of all the departments of the government. During all the time, from 1854 to the passage of the bill, the demand of the settlers was incessant and constant for the passage of a law that should confine locators to small tracts, and require actual occupation, improvement, and cultivation.

In 1858 it was estimated that there were within the States and Territories 1,000,000,000 acres of the public lands unentered. The great question of the day was, "What shall be done with this immense domain? Shall it be open to monopoly by speculators, be used to build up a landed aristocracy, or shall it be reserved to actual settlers at a nominal price, or without price?" The Republicans pro

The Republican attempt to secure to the poor settler ten years to pay for his farm from proceeds of soil is defeated by the Democracy.

At the first session of Thirty-fifth Congress, Mr. Grow, of Pennsylvania, a member of the House, introduced into that body the following bill for the protection of actual settlers on the public domains:

The Grow bill-The vote defeating it.

Be it enacted, etc., That from and after the first day of September, A.D. 1858, no public lands shall be exposed to sale by proclamation of the President until the same shall have been surveyed, and the return thereof in the land office for at least ten years.

This bill gave to the settler ten years' precedence over the speculator, but it was defeated by the following vote (Republicans in Roman, Democrats in italics, Southern Americans in small capitals):

YEAS.-Messrs. Abbott, Adrian, Andrews, Bennett,

Bingham, Blair, Bliss, Brayton, Buffinton, Burlingame, Case, E. Clark, H. F. Clark, Clawson, Colfax, Comins, Cox, Cragin, James Craig, Burton Craige, Curtis, Dodd, Durfee, Foster, Geddings, Goodwin, Granger, Damrell, Davis (Mass.), Davis (Iowa), Dean, Dick, Grow, R. B. Hall, Harlan, T. L. Harris, Hickman, Hoard, Horton, Howard, G. W. Jones, Kellogg, Kelly, Kelsey, Kilgore, Knapp, Leach, Lovejoy, Mason, Morgan, Isaac N. Morris, F. H. Morse, Palmer, Parker, Pettit, Pike, Potter, Ritchie, Royce, A. Shaw, J. Sherman, J. W. Sherman, Spinner, W. Stewart, Tappan, G. Taylor, Tompkins, Wade, Walbridge, Walton, C. C. Washburn, E. B. Washburne, Israel

Washburn-73.

NAYS. Messrs. Anderson, Atkins, Avery, Barksdale, Bishop, Bocock, Boyce, Branch, Bryant, Burnett, Burns, Caruthers, J. B. Clark, Clay, Clemens, Clingman, Cobb, John Cochrane, Cockrill, Crawford, Davidson, Davis (Ind.), Debrart, Dowdell, Edmun son, English, Foley, Garnett, Gartrell, Gillis, Goode, Greenwood, Gregg, L. W. Hall, Hawkins, Houston, Hughes, Jackson, Jewett, J. G. Jones, Owen Jones, SHALL, MAYNARD, Millson, Niblack, Nichols, Peyton, Lawrence, Leidy, Leiter, Letcher, McQueen, H. MAR

, Powell, READY, Reagan, Reilly, Ruffin

sell, Sandige, Savage, Scales, Seward, Shorter, The 97 yeas comprised 80 Republicans and
Sickles, Singleton, S. A. Smith, Stallworth, Stephens, 17 Democrats, while the 81 nays comprised
TRIPPE, UNDERWOOD, Watkins, White, WOODSON,
Wortendyke, A. R. Wright, J. V. Wright, ZOLLI 75 Democrats and 6 Southern Americans.

COFFER 78.

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The practical effect of this amendment, like that of the bill of the previous session, was to give to the pre-emptor, the actual settler, ten years' precedence of the speculator, and to protect him from the enormous usury of the money sharks, in borrowing from whom he was frequently compelled to heavily mortgage his land. The amendment was opposed by the Southern landed Democracy, the slaveholding aristocracy, which, prior to 1861 as now, dominated the Democratic Party. It was moved that the bill and amendment be consigned to "the tomb of the Capulets," as the Committee of the Whole was familiarly and aptly termed. That motion was defeated by a vote of 92 to 90, and the House was forced to a direct vote on Mr. Grow's amendment. The amendment was carried by yeas 97, nays 81, as follows:

YEAS-Andrews, Atkins, Avery, Bennett, Billingburst, Bingham, Blair, Bliss, Brayton, Buffington, Burlingame, Burroughs, Cavanaugh, Chaffee, Chap. man, Clark, John Cochrane, Cockerill, Colfax, Comans, Covode, Cragin, Curtis, Davis of Mass., Davis of Iowa, Dawes, Dean, Dodd, Durffee, Edie, Farnsworth, Fenton, Florence, Foster, Giddings, Gilman, Gooch, Granger, Grow, Hall, Harlan, Hoard, Horton, Howard, Jewett, Jones, Keim, Kellogg, Kelsey, Kilgore, Knapp, Lawrence, Leach, Leiter, Lovejoy, Matteson, Miller, Morgan, Morrill, Morris, F. H. Morse, O. A. Morse, Mott, Murray, Olin, Palmer, Parker, Pettit, Phelps, Phillips, Pike, Potter, Purviance, Ritchie, Robbins, Royce, Savage, John Sherman, Jno. W. Sherman, Spinner, Stanton, Stevenson, Stewart, Talbot, Tappan, Thayer, Thompson, Tompkins, Wade, Walbridge, Waldron, Walton, C. C. Washburn, E. B. Washburne, I. Washburn, Jr., Wilson, Wood-97.

NAYS-Ahl, ANDERSON, Arnold, Bocock, Bonham, Bowie, Boyce, Branch, Burnett, Burns, Caruthers, Caskie, Clark, Cobb, Cox, James Craig, Burton Craige, Crawford, Curry, J. G. Davis. Reuben Davis, Dewart, Dodell, Eustis, Faulkner, Foley, Garnett, Gartrell, GILMOR, Goode, Gregg, Hall, Hawkins, Hodges, Hopkins, Houston, Hughes, Huyler, Jackson, Leidy, McQueen, McRae, Marshall, Maynard, Miles, Millson, Montgomery, Moore, Pendleton, Phelps, Powell, READY, Reagan, Ruffin, Russell, Sandige, Scales, Scott, Searing, Seward, A. Shaw, H. M. Shaw, Shorter, Singleton, R. Smith, S. A. Smith, Stallworth, Stephens, Stewart, Taylor, TRIPPE, UNDERWOOD, Vallandigham, VANCE, Watkins, Whitely, Winslow, WOODSON, Wortendyke, Wright,

The bill as amended defeated by the Democrats.

But the bill as amended was defeated by a vote of 95 nays to 91 yeas, as follows:

YEAS. -Messrs. Andrews, Bennett, Bingham, Blair, Bliss, Brayton, Buffinton, Burlingame, Burroughs, Cavanaugh, Chaffee, E. Clark, jun., H. F. Clarke, Clauson, C. B. Cochrane, John Cochrane, Colfax, Comins, Davis of Mass., T. Davis of Iowa, Dawes, Dean, Dick, Covode, Cox, Cragin, Curtis, HENRY W. DAVIS, T. Dodd, Durfee, Edie, Farnsworth, Fenton, Foster, Giddings, Gooch, Granger, Grow, L. W. Hall, R. B. Hall, Harlan, Hatch, Hoard, Horton, Howard, Keim, joy, Matteson, Miller, Morgan, Morrill, Ed. J. Morris, Kellogg, Kelsey, Kilgore, Knapp, Leach, Leiter, LoveI. N. Morris, F. H. Morse, O. A. Morse, Mott, Murray, Olin, Palmer, Parker, Pettit, Phelps, Pike, Potter, Purviance, Ritchie, Robbins, Royce, John Sherman, Spinner, Stanton, Stewart, Tappan, Thayer, Thompson, Tompkins, Wade, Walbridge, Waldron, Walton, C. C. Washburn, E. B. Washburne, I. Washburn, jun., Wilson, Wood-91.

NAYS.-Messrs. Ahl, ANDERSON, Arnold, Atkins, Avery, Barksdale, Bocock, Bonham, Bowie, Boyce, Bryan, Burnett, Burns, Caruthers, Caskie, Chapman, Craig, Burton Craige, Crawford, J. G. Davis, Reuben J. B. Clark, Clay, Cobb, Cockerill, Corning, James Davis, Dewart, Dowdell, Edmunson, Elliott, Florence, Foley, Garnett, Gartrell, GILMER, Goode, Greenwood, Gregg, Groesbeck, Hawkins, Hopper, Houston, Hughes, Huyler, Jackson, Jewett, G. W. Jones, O. Jones, Leidy, McQueen, McRae, H. MARSHALL, S. S. Marshall, Mason, MAYNARD, Millson, Montgomery, Moore, Pendleton, Peyton, Phelps, Phillips, Powell, READY, Reagan, RICAUD, Ruffin, Russell, Sandidge, Savage, Singleton, Smith, Stallworth, Stephens, Stevenson, Scales, Searing, A. Shaw, H. M. Shaw, Shorter, Stewart, Talbott, G. Taylor, M. Taylor, TRIPPE, UNDERWOOD, Vallandigham, VANCE, Watkins, White, Whitely, Winslow, WOODSON, Wright, ZOLLICOFFER

-95.

The Republicans voted unanimously for the bill as amended. Every Southern member except two, Mr. Blair of Missouri and Henry Winter Davis of Maryland, voted solidly against the bill as amended. Only eight Democrats, Northern Democrats of the Douglas school, dared to support the bill as amended, with their votes; and the character of the opposition is exposed in the indignant criticism of Mr. Cavanaugh of Minnesota, a Douglas Democrat. He said,

I say it frankly I say it in sorrow that it was to the Republican side of this House to whom we were compelled to look for support of this just and honorable measure. Gentlemen from the South, gentlemen who have broad acres and white plantations, aided here to-day by their votes more to make Republican States in the North than by any vote which has been cast within the last two years. These gentlemen come here and ask us to support the South, yet they, to a man almost, vote against the free, independent labor of the North and West.

Mr. Cavanaugh declared that he had "inherited his Democracy;" that he had been a "Democrat from his boyhood;" that he "believed in the great truths as enunciated by the fathers of the faith" and "cherished them religiously." He added:

But, sir, when I see Southern gentlemen come up as they did to-day, and refuse by their votes to aid my constituents-refuse to place the actual tiller of the soil, the honest, industrious laborer beyond the grasp and avarice of the speculator, I tell you, sir, I falter

PART II.

The Republicans demand "Free Homesteads for actual settlers "-The vote by which they carried it.

On the 1st of February, 1859, H. R. 72, "to secure homesteads to actual settlers," which had been referred to the Committee on Agriculture, and reported from that Committee January 26, 1859, by Mr. Kelsey, came up for action. The Democracy attempted to defeat it, even to prohibit all discussion of its merits, by parliamentary strategy. A motion to lay on the table was lost by a vote of nays, 113, to yeas, 71, and the House was forced to a direct vote. The bill was then passed-Yeas, 120, nays, 76, as follows:

YEAS. -Messrs. Abbott, Adrian, Andrews, Barr, Billinghurst, Bingham, Bishop, Bliss, Brayton, Buf finton, Burlingame, Burns, Burroughs, Case, Cavanaugh, Chaffee, E. Clark, Clawson, C. B. Cochrane, John Cochrane, Cockerill, Colfax, Comins, Corning Corode, Cox, Cragin, James Craig, Curtis, John Davis, T. Davis of Mass., T. Davis of Iowa, Dawes, Dean, Dick, Dodd, Durfee, Farnsworth, Fenton, Florence, Foley, Foster, Giddings, Gillman, Gooch, Goodwin, Granger, Gregg, Groesbeck, Grow, L. W. Hall, R. B. Hall, Harlan, Haskin, Hatch, Hickman, Hoard, Hodges, Horton, Howard, Jewitt, G. W. Jones, Keim, Kellogg, Kelsey, Kilgore, Knapp, Kunkell, Lawrence, Leach, Leiter, Lovejoy, Maclay, McKibben, Matteson, Miller, Morgan, Morrill, Ed. J. Morris, I. N. Morris, F. H. Morse, O. A. Morse, Murray, Olin, Palmer, Parker, Pendleton, Pettit, Phelps, Phil lips, Pike, Potter, Pottle, Purviance, Reilly, Robbins, Roberts, Royce, Russell, Scott, John Sherman, Smith, Spinner, Stanton, William Stewart, Tappan, Taylor, Thayer, Tompkins, Vallandigham, Wade, Walbridge, Waldron, Walton, Ward, C. C. Washburn, E. B. Washburne, I. Washburn, Wilson, Wortendyke

-120.

NAYS.-Messrs. ANDERSON, Atkins, Avery, Barksdale, Bocock, Bonham, Bowie, Boyce, Branch, Bur nett, Caskie, J. B. Clark, Cobb, Burton Craige, Crawford, Curry, DAVIS, Dowdell, Edmunson, William H. English, EUSTIS, Faulkner, Garnett, Gartrell, GILMER, Goode, Greenwood, HARRIS, HILL, Hopkins, Houston, Hughes, Jackson, Jenkins, Keitt, Kunkel, Lamar, Leidy, Letcher, McQueen, McRae, H. MAR SHALL, S. S. Marshall, Mason, MAYNARD, Miles, Millson, Moore, Niblack, Nichols, Peyton, READY, Reagan, RICAUD, Ruffin, Scales, Seward, A. Shaw, H. M. Shaw, Shorter, Singleton, S. 4. Smith, W. Smith, Stallworth, Stephens, Jas. A. Stewart, TRIPPE, UNDERWOOD, VANCE, Watkins, Whiteley, Winslow, WOODSON, A. R. Wright, J. V. Wright, ZOLLICOFFER

-76.

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Homesteads in the Democratic Senate

Democratic Hostility.

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holding aristocracy, the Southern landed Democracy, antagonized the homestead with the appropriation bills. Said R. M. T. Hunter, of Virginia: "I hope there will be no effort to press this homestead bill so as to displace the appropriation bills." Only a few weeks of the session remained, and an "extended debate" and the loss of the appropriation bills was threatened if the homestead bill was passed. Ben. Wade rejoined that the friends of the bill-the Republicans-wanted no debate. The measure for years had been before the country, had been discussed in all its bearings, and there was no measure in which the people were more deeply interested. But a vote was what the Southern landed Democracy manoeuvered to avoid or defeat. Said Mr. Hunter: "I do not conceal the fact that I am much opposed to it," that is, to giving "land to the landless;" and his colleague, Mr. Mason, declared that he intended "to go into it pretty largely, because he had not yet known a bill so fraught with mischief, and mischief of the most demoralizing kind."

Mr. Wade's motion was carried by a vote of yeas 25, nays 23, as follows:

YEAS-Messrs. Bright, Broderick, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Foote, Foster, Gwin, Hale, Hamlin, Harlan, Johnson of Tennessee, King, Pugh, Rice, Seward, Shields, Simmons, Smith, Stuart, Trumbull, Wade, and Wilson - 25.

NAYS-Messrs. Allen, Bayard, Benjamin, Bigler, Brown, Chestnut, Clay, Clingman, Davis, Fitch, Fitzpatrick, Green, Hammond, Hunter, Iverson, Lane, Mallory, Mason, Pearce, Reid, Slidell, Toombs, and Ward — 23.

The Republicans voted unanimously to take up the homestead bill, but every Southern Democrat -a "solid South," with the exception of Mr. Johnson of Tennesseevoted against the motion. Instantly upon the announcement of this vote, which brought the homestead bill before the Senate, Mr. Hunter again moved to lay it aside and take up another bill. An opposition so puerile was fittingly called "child's play." During the debate which followed, the morning hour expired, and Vice-President Breckinridge decided that the bill for the purchase of Cuba in the interest of the slaveholding oligarchy was the subject pending before the Senate. Whereupon Mr. Wade moved to postpone the Cuba and continue the consideration of the homestead bill. That motion was also carried yeas 27, nays 26; all the Republicans voting for it; all the Southern Democrats, except Senators Bell and Johnson, of Tennessee, voting against it. Again the homestead was before the Senate; again Mr. Hunter moved to lay it aside. Senators Wade and Seward, in energetic terms, exhorted the friends of the bill to stand firm, but Hunter's motion prevailed - yeas 28, nays 28, as follows:

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YEAS-Messrs. Allen, Bates, Bayard, Benjamin, Bigler, Brown, Clay, Clingman, Davis, Fitch, FiteOn the 17th of February, 1859, in the patrick, Green, Gwin, Hammond, Hunter, Iverson, Senate, Ben. Wade of Ohio moved to post-Johnson, of Arkansas, Kennedy, Lane, Mallory, pone all prior orders, and take up the home- Mason, Pearce, Reid, Sebastian, Slidell, Toombs, stead bill, which had thus passed the House. Ward, and Yulee -28.

NAYS. Messrs. Bell, Bright, Broderick, Chandler,

Fessenden, Foote, Foster, Hale, Hamlin, Harlan,
Houston, Johnson, of Tennessee, King, Pugh, Rice,
Seward, Simmons, Smith, Stuart, Trumbull, Wade,
and Wilson -28.

The Senate being equally divided, VicePresident Breckinridge gave the casting vote against the homestead bill. Every vote for Hunter's motion to postpone was Democratic, and all but five were from the South. Only three of the twenty-eight votes against Hunter's motion and in favor of considering the homestead bill were from the SouthBell and Johnson of Tennessee, and Houston of Texas.

PART IV.

"The Great Question of the Day and the
Age "Shall we give "Lands and
Homes to the Landless Freemen, or
Slaves to the Slave-holders?"

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That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his intention to become such, as required by the naturali.

zation laws of the United States, shall, from and after the passage of this act, be entitled to enter, free of cost, one hundred and sixty acres of unappropriated pre-emtion claim, or which may, at the time the applipublic lands, upon which said person may have filed a cation is made, be subject to pre-emtion at one dollar and twenty-five cents, or less, per acre; or eighty acres of such unappropriated lands at two dollars and fifty to the legal subdivisions of the public lands, and after cents per acre, to be located in a body, in conformity the same shall have been surveyed.

On the 19th of February, 1859, two days afterward, Senator Wade again moved to set aside all prior orders and take up the home- SEC. 2. And be it further enacted, That the person stead bill. The motion was defeated. Yeas applying for the benefit of this act shall, upon applica(all Republicans but seven) 24, nays (all she is about to make such entry, make affidavit before tion to the register of the land office in which he or Democrats) 31. On the 25th of February the said register or receiver that he or she is the head the motion to take up the homestead bill of a family, or is twenty-one years or more of age, and was again antagonized by the Cuba bill. that such application is made for his or her exclusive The Cuba bill prevailed. Yeas (all Demo-act, and not either directly or indirectly for the use or use and benefit, and those specially mentioned in this crats) 35, nays (all Republicans but five) 24. benefit of any other person or persons whomsoever; After a debate" an idle debate" -pro- and upon filing the affidavit with the register or retracted far into the night, and resorted to ceiver, he or she shall thereupon be permitted to enter only as a means of killing the homestead the quantity of land specified: Provided, however, That no certificate shall be given or patent issued therefor bill, the Republicans, at ten o'clock P.M., until the expiration of five years from the date of such made an effort to bring the latter bill before entry; and if, at the expiration of such time, or at any the Senate. In the debate which ensued, such entry, or if he be dead, his widow; or in case of time within two years thereafter, the person making Mr. Seward said: her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, shall prove by two creditable witnesses that he, she, or they have resided upon and cultivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid; then, in such case, he, she, or they, if at that time a citizen of the United States, shall, on payment of ten dollars, be entitled to a patent, as in other cases provided for by law: And provided, further, That in case of the death of both father and mother, leaving an infant child, or children, under twenty-one years of age, the right and fee shall enure to the benefit of said infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children for the time being have their domicile, sell said land for the benefit of said infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on payment of the office fees and sum of money herein specified.

After nine hours' yielding to the discussion of the Cuba question, it is time to come back to the great question of the day and the age. The Senate may as well meet face to face the issue which is before them. It is an issue presented by the competition between these two questions. One, the homestead bill, is a question of homes, of lands, for the landless freemen of the United States. The Cuba bill is a question of slaves to the slaveholders of the United States.

Said Mr. Wade:

I am very glad that this question has at length come up. I am glad, too, that it has been antagonized with this nigger question. I have been trying here for nearly a month to get a straightforward vote upon this great question of land for the landless." I glory in that measure. It is the greatest that has ever come before the American Senate, and it has now come so that there is no dodging it. The question will be, Shall we give niggers to the niggerless, or land to the landless?

The motion to take up the homestead bill was again lost. Yeas (all Republicans but two Broderick, of California, and Johnson, of Tennessee), 19; nays (all Democrats), 29. No further attempt, at that session, was

SEC. 3. And be it further enacted, That the register of the land office shall note all such applications on the tract-books and plats of his office, and keep a register of all such entries, and make return thereof to the general land office, together with the proof upon which they have been founded.

SEC. 4. And be it further enacted, That all lands acquired under the provisions of this act shall in no event become liable to the satisfaction of any debt or therefor. debts contracted prior to the issuing of the patent

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