On the same day, in the Senate, the follow- Senator from Missouri and the Senators from Massaing remarks were made:

CHAPTER IX.

The Homestead Question.

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

The 97 yeas comprised 80 Republicans and 17 Democrats, while the 81 nays comprised 75 Democrats and 6 Southern Americans.

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, McQueen, McRae, H. MARSHALL, S. S. Marshall, Mason, MAYNARD, Millson, Montgomery, Moore, Pendleton, Peyton, Phelps, Phillips, Powell, READY, Reagan, RICAUD, Ruffin, Russell, Sandidge, Savage, Scales, Searing, A. Shaw, H. M. Shaw, Shorter, Singleton, Smith, Stallworth, Stephens, Stevenson, Stewart, Talbott, G. Taylor, M. Taylor, TRIPPE, UNDERWOOD, Vallandigham, VANCE, Watkins, White, Whitely, Winslow, WOODSON, Wright, ZOLLICOFFER

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-uyler, Jackson, Jewett, G. W. Jones, O. Jones, Leidy, 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:

-95.

bill as amended. Every Southern member The Republicans voted unanimously for the except two, Mr. Blair of Missouri and Henry Winter Davis of Maryland, voted solidly against the bill as amended. Only eight YEAS-Andrews, Atkins, Avery, Bennett, Billing- Democrats, Northern Democrats of the Dougburst, Bingham, Blair, Bliss, Brayton, Buffington, las school, dared to support the bill as amendBurlingame, Burroughs, Cavanaugh, Chaffee, Chapman, Clark, John Cochrane, Cockerill, Colfax, Co-ed, with their votes; and the character of the mans, Covode, Cragin, Curtis, Davis of Mass., Davis opposition is exposed in the indignant critiof Iowa, Dawes, Dean, Dodd, Durffee, Edie, Farns- cism of Mr. Cavanaugh of Minnesota, a Dougworth, Fenton, Florence, Foster, Giddings, Gilman, las Democrat. He said, 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, 0. 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, Zollicoffer-81.

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 falterI hesitate!

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:

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 Said Mr. Hunter: "I do to avoid or defeat. not conceal the fact that I am much opposed YEAS. -Messrs. Abbott, Adrian, Andrews, Barr, to it," that is, to giving “land to the landBillinghurst, Bingham, Bishop, Bliss, Brayton, Bufless;" and his colleague, Mr. Mason, declared finton, Burlingame, Burns, Burroughs, Case, Cavanaugh, Chaffee, E. Clark, Clawson, C. B. Cochrane, John Cochrane, Cockerill, Colfax, Comins, Corning, Covode, Cox, Cragin, James Craig, Curtis, John G. 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. MARSHALL, S. 8. Marshall, Mason, MAYNARD, Miles, Millson, Moore, Niblack, Nichols, Peyton, READY, Reagan, RICAUD, Rufin, Scales, Seward, A. Shaw, H. M. Shaw, Shorter, Singleton, S. 4. Smith, W. Smith, Stallworth, Stephens, Jas. 4. Stewart, TRIPPE, UNDERWOOD, VANCE, Watkins, Whiteley, Winslow, WOODSON, A. R. Wright, J. V. Wright, ZOLLICOFFER

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, Fitz patrick, 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 Tennessee voted 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 The Republicans, every man of them_but moved to postpone the Cuba and continue one, voted solidly for the bill-voted to the consideration of the homestead bill. guarantee the public lands to actual settlers That motion was also carried — yeas 27, nays to donate land to the landless. The great 26; all the Republicans voting for it; all the body of the Democracy—60 out of 98-all Southern Democrats, except Senators Bell the Southern Americans—the whole South- and Johnson, of Tennessee, voting against ern landed aristocracy — voted solidly against | it. Again the homestead was before the the bill.

PART III.

Homesteads in the Democratic Senate –
Democratic Hostility.

Senate; again Mr. Hunter moved to lay it aside. Senators Wade and Seward, in ener getic terms, exhorted the friends of the bill to stand firm, but Hunter's motion prevailed - yeas 28, nays 28, as follows:

YEAS-Messrs. Allen, Bates, Bayard, Benjamin, Bigler, Brown, Clay, Clingman, Daris, Fitch, Fitr On the 17th of February, 1859, in the patrick, Green, Gicin, 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. A characteristic debate ensued. The slave

Ward, and Yulee –S.

NAYS.- Messrs. Bell, Bright, Broderick, Chandler, Clark, Collamer, Dixon, Doolittle, Douglas, Durkee,

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?"

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-use and benefit, and those specially mentioned in this act, and not either directly or indirectly for the use or crats) 35, nays (all Republicans but five) 24. benefit of any other person or persons whomsoever; After a debate. "" ---- an idle debate" and - proupon 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 the quantity of land specified: Provided, however, That only as a means of killing the homestead 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:

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 made to get it before the Senate.

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.

SEC. 3. And be it further enacted, That the regis ter 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 debts contracted prior to the issuing of the patent therefor.

SEC. 5. And be it further enacted, That if, at any