The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-13

| The amendment Of MIR. BRowN, as amended by
| the substitute Of Mr.. JoHNsoN, was then agreed
to--yeas l05, nays 81.
Another Intellectual motion to adjourn was made.
The bill having been cngrossed for third read
ing, the question was stated on it's passage; when
Mr.. STANLY asked to be excused from voting,
assigning his reasons for the request.
| The bill is as follows, namely
BE enacted the SenGte and House of Represe,fa
tives fine United States Of America in Cong
bied, That any person who is the head Of family
and citizen Of the United Sines, or any person
who is the head of family, and had become
citizen prior to the first day of january, eighteen
| hundred and ffty.two, as required by the natura-
cation 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
| appropriated public lands, quantity equal
thereto, to be located in body in conformity with
the legal subdivisions of the public lands, and after
| the same shall have been surveyed.
| SEc.2. And be IL further enacted, That the per-
son applying for the benefit Of this act shall upon
application to the register OF the land office in
which he she is about to make such entry, make
affidavit before the said register that he she il
the head of family, and ia 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 fling the affidavit with the
register, he or she shall thereupon be permitted to
enter the quantity Of land already specified: Pro
pided, hcioeUer, That certificate shall be given
or patent Issued therefor until the expiration Of
five years from the date of such entry; and IT, at
| the expiration of such time, the person making
such entry, or il he be dead his widow, or, in case
OF her death, his heirs dovisee; or, in Of
widow making such entry, her heirs devisee, in
case of her DEATH shall prove by two credible wit
ncsses that he, she, or they have continued to re-
side 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,
they shall be entitled to patent, in other
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 fourteen years Of
age, the right and the fee shall the benefit
of said infant child children; and the executor,
administrators, guardian, may, at any time with
in two years after the death of the surviving parent
sell said land for the benefit of such infants, but
for no other purpose; and the purchaser shall ac-
quire the absolute title BY the purchase, and be
| titled to patent from the United States.
SEC. g. 4nd be II further enacid, That the regis
ter Of the land office shall note all such applications
on the tract books and plats Of his Office, and keep
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. A. lind be IL further enacted, That all land
acquired under the provisions OF this act shall in
event become liable to the satisfaction of any debt
or debts contracted prior to the issuing the patent
therefor.
Sec s. And be il further enacted, That If, at any
time after fling the affidavit required in the
ond section OF this act, and before the expiration
OF the five years aforesaid, it shall be proven by
two more respectable witnesses. upon OATH TO
the Satisfaction Of the register of the land office,
tnat the person having Hled GuCn afadavlt shall
have actually changed his or her residence, or
abandoned the said entry for more than six months
at any one time, them and in that event, the land
50 entered shall revert back to the Government,
and be disposed Of as other public lands now by
law.
SEC. 6. And be ii further enacted. That If any in.
dvidual, now resident of any 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 tho
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.
SIC. Z. And be it further enacted, That no indi
vidual 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 here
by required to prepare and issue such rules and
gulatons consistent with this act shall be
sary and proper to carry it's provisions into effect
and that the registers and receivers of the several
land offices shall be entitled to receive the same
compensation for any lands patented under the
provisions OF this act, that they now entitled TO
receive when tho same quantity of land is entered
with money, to be paid by the party to whom the
patent shall be issued Provided however, That all
persons entering land under the provisions Of this
act, SHALL ne near as may be practicable, in max
ing such entries, be confined to each alternate
quarter and no land subject TO private en-
try: And provided further, That nothing in this act
shall be so construed to impair or interfere in
rights
The bill was then passed-yeas l07, nays 5e-as
follows:
YEAS.-Messrs. Abercrombie, Charles Allen,
Willis Allen, Allison, Babcock, Bartlett, IT,
Bssell, Briggs, Brooks, Albert G.. Brown, Buell.,
Busby, Joseph Cable, Thompson Campbell. Cart.
ter, Chandler, Chapman, Churchwell, Clark,
Cleveland, Cobb, Cottman, Culom, Curtis, George
Z. Davis, John G. Davis, Dawson. Disney. Doty,
Durkce, Eastman, Ewing, FickliD, Fitch Flor
ence, Floyd, Fowler, Gamble, Gaylord, Gentry,
Giddings, Goodrich, German, Green. Grey,
Grow, Hall, Sampson w. Harris, Hascall, Hen
dricks, HEM. Houston, lngersoll, Ives. Andrew
George w. Jones. Kurtz, Lockhart, Mace, Edward
9. Marshall, McMullen. McNair, Meachani,
Miller, Molony. Henry ID. Moore, John Moore,
Newton, Odds, Samuel w. Parker, Penn, Penni-
man, Perkins, Phelps. Polk, Porter, Richardson,
Riddle, Robbins, jr., Robinson, Sackett, Savage,
Snow, Benjamin Stanton, Frederick p. Stanton,
Abraham p. Stephens Stone, st. Martin, Stratton,
George w. Thompson, Thurston. Townshend,
Tuck, Walbridge, Walsh, Ward, Watkins, Add.
con White, Alexander White, and williams-l07.
NAYS.-Mcssrs. Aiken. John Appleton, Az
erett, David J. Bailey. Thomas II. Bayly, Barrcre,
Beale, Bell. Bccock, Bragg, Breckenridge. George
II. Brown, Burrows, Caskie, Chastain, Clingman.
Colcock. Conger, Dockery, Duncan, Edmundson,
Evane. Faulkner, Thomas j. ID. Fuller. Hamil-
ton, Harper, Isham G. Hnrris Hibbard, Holiday,
Horsiord, John w. Howe. Thomas Y How, IT,,
Jackson, Jenkins, George G.. King, Preston King,
Letcher, Martin. Mason. Mcqueen, Millson,
Morchead, Orr, Outlaw, Peaslec. Powell, Ross,
Scurry, Origen s. Seymour, Stanly, Strotber,
Taylor, Wallace, Washburn, jr., WEIGH, and
Woodward.-56.
So the bill was passed.
The House then adjourned until tomorrow
morning at eight o'clock.