The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-05-15
Passage Of the Homestead Bill In the House

stead bill;
The question then REQUIRED upon. the motor
Of Mr.. MASON, that the committee rise and re
port the BILL and it was agreed to.
The committee accordingly rose, and thu
Speaker having resumed the chair, the chairman
i Mr. HIBBAgpl reported that the Committee o
the Whole on the state of the Union had, ac
cording to order, had under consideration thu
state of the Union generally, and particularly
House bill No. T. being bill to encourage agr
culture, commerce. &c, and had directed him t.
report the said bill, with an amendment, TO the
House
Mr.. JOHNSON, of Tennessee. have ar
amendment which wish to offer in lieu of the
amendment adopted by the Committee Of the
Whole on the state of the Union. will send
a il to the Clerks desk to be read, and upon it
ask for the previous question.
That any person who is the head Of a family
and citizen Of the United States, or any person
who is the head of family, and had become q
citizen prior to the first day Of January, eighteen
hundred aud filty-two, as required by the natu.
ralization laws of the United States, shall from
and after the passage Of this act, be entitled to
enter, free of cost, one quarter section OF vacant
and Incorporated lands, or a quantity equal
thereto, to be located in body in conformity
/
and after the same shall have been surveyed.
SEC. 2. And be il further enacted, That the
person applying for the benefit Of this act shall
upon application TO the register of the land
Office in which he or she is about to make such
entry, make affidavit before the said register
that he or she is the head OF family, and is not
| the owner Of any estate in land, at the time OF
such application, and has not disposed Of any
estate in land, to obtain the benefits of this act
and upon making the affidavit as above required,
! and filing the affidavit with the register he or
she shall thereupon be permitted to enter the
quality of land already specified PrOpided,
hoUerer That no certificate shall be given or
patent issued therefor until the expiration of
| five years from the date of such entry; and if,
at the expiration of such time, the person making
such entry, or if he be dead his widow, or in
case of her death, his heirs or devsec, or in case
of Il widow making such entry, her heirs or de.
visce in case of her death, shall prove by two
credible witnesses, that he, she, or they have
continued to reside upon and cultivate said land,
and still reside upon the same, and have not
alienated the same, or any part thereof, then in
such case, he, she, or they shall b. entitled to a
patent as in other cases provided for by law
And, prorided further, In case Of the death of
both father and mother, leaving an infant child
or children, under fourteen years of age, the
| right and the fee shall inure TO the benefit Of
said inflnt child or children, and the executor,
administrator, or guardian, may at any time
within two years after the death of the surviving
parent sell said land for the benefit of said in
fants, but for no other purpose, and the pur-
chaser shall acquire the absolute title by the
purchase and be- entitled to a patent from the
! United States. '.... ...-.. ..."
| SEC 3. And be IL further enacted, That the
register ofthe land Office shall note all such ap-
pcations on the tract books and pats of his
| office, and keep register of al. 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 IL further enacted, That all
land acquired under the provisions of this act
shall, in no event, become liable to the satsfac-
zion of any debt or debts contracted prior to the
issuing the patent therefor.
| SEC. 5. And be IL further enacted, That If, at
any time after filing the affidavit as required in
the second section of this act, and before the
expiration of the five years aforesaid, it shall be
| proven 10y two respectable witnesses
upon oath TO the satisfaction of the register OF
tie land office, that the person having filed such
affidavit shall have actually changed his or her
residence, or abandoned the said entry for more
than six months at any one time, then and in
that event the land so entered shall revert back
20 the government, and be disposed of as other
public lands are now by law.
SEC. And be IL further enacted, That il
any individual now resident Of any one of the
States or Territories, and not citizen Of the
United States but at the time Of making such
application for the benefit of this act, shall have
filed declaration of intention, as required by
the naturalization laws Of the United States
and shall become citizen Of the same before
the issuance Of the patent, as made and provided
for in this act, shall be placed upon an equal
footing with the native born citizens Of the
United States
SEC. 7. And be IL further enacted That no in
dvidual shall be permitted 10 make more thar
one entry under the provisions Of this act; and
, that the commissioner of the general land Of
fee is hereby required to prepare and issue such
rules and regulations consistent with this act
: As shall be necessary and proper 20 carry IT,
provisions into effect; and that the registers anc
receivers Of the several land Offices shall be en-
: titled 10 receive the same compensation for AM
lands patented under the provisions Of this act
: that they are now entitled 10 receive when tn,
), same quantity or land is entered with money
70 be paid by the party TO whom the paten
shall be issued Proridsd, hopersr, That al
persons entering land under the provisions o
this act, shall, as near as may be practicable, il
making such entries, be confined 10 each alter
nate quarter section, and TO land subject 10 pri
yate entry: And, proUided further, That no
thing in this act shall be so construed as TO i'm
. pair or interfere in any manner whatever wit
existing presumption rights.
Il The previous question was seconded, and tn
main question ordered 10 be put.
|. Mr.. BROWN, Of Mississippi ! wish TO as
!, certain in what way the gentleman from Ten
: nessee Mr.. JoHSsoS offers his amendment
: Is il in lieu OF the entire amendment adopted b
the Committee oG the Whole on the state Of III
Uuiori9
Mr. JOHNSON. ! offer il in lien Of the en-
tire amendment.
n The SPEAKER. The gentleman FROM Ter
u nessee, [Mr. JonSsoS,l proposes 10 strike ou
all Of the amendment adopted by the committc
from the word "thar in the FIRST line, and inset
what has been read.
Mr. BROWN. ask The yeas aud uays.
Is Mr. JONES, Of Tennessee ] wish for m
&c own information, aud probably that Of SON