Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-18
THE HOMESTEAD BILL.
SPEECH OF
HON. ANDREW JOHNSON
In the senate OF the United states
-. - Ii 90


draw the amendment heretofore reported, in lieu
Of the House bill referred to that committees and TO
offer the amendment that l hold in my hand, IN
stead Of it. There is an amendment offered BY the
Senator from Mississippi, Mr. Blows, TO take the
place Of the amendment reported by the Committee
on Public Lands l understand the Senator has no
objection TO Withdrawing that until this can be IN
troddced, and then it comes regularly IN Its place
Mr.. BROWN. None at all l withdraw my
amendment for the time being, to allow the amend
ment Of the Senator from Tennessee to be present
ed.
Mr.. JOHNSON, Of Tennessee. Then Withdraw
the amendment heretofore reported by the Com
mittee on Public Lands, for the original House DILL
and offer in its place the following amendment
which hope may be read.
The Secretary read the amendment; which Is, to
strike out all after the enacting clause Of the bill
and insert:
person who the head Of family and citizen Of
the United States shall from and after the passage OF this act be
entitled to enter quarter section Of vacant and unapprCpr
49, IN cof1+Ttv with the Zeal subyisions Of the public
lands aud after the same shall have been surveyed.
SIC 9 Ind be 10 further enacted, That the person applying
for benefit OF this act SHALL upon application 10 the register OF
the land Office which he she snch entry
aiavt before the said register that he she is the head
posed entered and that such application is made for his
exclusive sud benefit and those specially mentioned in
fbis act ioe name s e sDesfed In ne sdsvit ana not
directly indirectly for the Of any other
persons Whomsoever and that ne has
1v revios time bd ne benefit Of tbis act: Md UDon making
the affidavit above required and filing the with the
register he she shall hereupon be permitted enter the
THY Of land already specified f90de ho0ecer That no GER
i've years the Of such entry; if at the
uirou of such time the psrson making such entry or il he
dead his widow Of her DEATH his heirs deyisee
in ese II her dfb va move nv two crejis witnesses mat he
She they continued reside upon and cultivate said
and have not lieatd he same or uv part thereof then in
such he She they upon the payment Of twelve and on3
n sD asiH tber cases nrvidsd for nv law And 1roCid.
o
leaving infant child children under tWenone years or
ace ne m and he fee ha inure to the benes Of said infant
child children the executor administrator, guardian,
at and In accr5aDe VIII he laws OF he State in which such
children for The being hsve their domc sell said land for
Of infants for other purpose and the
chaser ha acquire the absolute title by the purchase and
proper officer Of twelve and one half cents per acre OF the pur
Sac g. and De II further enacted That the register OF the
land office shall note all such applications the sc books
aud pats Of his Office, keep register all such entries,
and make return thereof to the General Lard Once together with
the proof upon which they have been founded.
sEc4. Agd be ii FURTHER enacted That land ACQUIRED
under provisions this SHALL any event. become liable
to the satisfaction ony debt or debts prior to the issuing Of the
SIC 5. And be further eHzetel That if any time after
filing the affidavit required in the second section OF this act
and expiration the five years aforesaid, it shall be
proved after notice the settler, the satisfaction Of the
register Of the land Office, that the person having filed suc a
day shall have falsely any particular shall have
CHANGED his or her residence or abandoned the said en-
try than six months at time contracted to sell or
his right the entry then, and in either Of
those events the register shall vacae entry and the land
entered shall revert to the Government and be disposed
other public lands be law subject to appeal to the
General Land Office.
Sac. and De a Jurfer enacted That if any person,
hereafter resident any of the states or Territories aud
a United States but the time Of making such
application Tor the benefit Of this act shall have filed, shall
file, declaration Of Intention required BY the naturalization
laws United States shall become citizen Of the
before Of the patent, provided for in this
act such shall be placed upon an equal footing with the
natva-bOru citizens Of the United States.
SIC. = Ind Be Il further enacted That individual shall
be permitted entry under the provisions
fee hereby required prepare and issue such rules and
ulaons with this shall be necessary and
proper to carry provisions eject that the registers
and Of the several land offices shall be entitled to
cv the same compensation any lands patented under the
provisions this act as they are now entitled when
the quantity Of land catered with money, to be paid by
the party whom the patent shall be issued; Pr0Uided hO1e
En- That all persons entering land under the provisions Of this
SHALL in making such entrees be confined to sections de
by odd NUMBERS and to land subject to private entry and
that heeven sections shall subject entry prices double
those fixed by existing laws, unless by actual bona e set
Ind prOCtdsd further, That nothing in this shall
impair interfere in any what
with the existing pre- empton donations or graduation
laws with lands reserved from entry al price not less than
s. so per acre by existing laws.
SECS And be IL frtr enacted that all settlers upon lands
which have heretofore been offered for public sale and which
have surveyed upon ling their decarato statements,
required 10y law shall have two years from the date Of settle
Pr0Uidsd They do not exceed hundred sixty
SEC. o. Ind be further enacted, That in the Of all
settlers upon 8suged lands who, after the lands shall be
surveyed, may their dcaaOry statements required
by law they shall have two from the receipt Of the psts
eprOper district oe within which tC prove ups pay Tor, aud
aforesaid Pr0rdei That preempOn under the
provisions Of this act shall be allowed unless at least three
months bona de actal c0ntuusd residence and settlement
upon the lana TIE date OF settlement shall be proved
cordng to law.
SEC 10 and be further enacted, That regard to all
which have hereafter be surveyed it shall be
duty President order the into market public
proclamation within two years from the reception oil me ap
proved pa Of survey for the at the General Land Office
PrOCided That such procamaons shall in wise Affect be
construed to embrace any lands which the President or the proper
department may have ordered to be reserved for
SIC H. AHd be IL further enacted That il any person shall
be guilty o. |ol and ccrrupt swearing ID making any alaV
procure the benefit OF this act such person. conviction
shall be deemed guilty Of perjury and shall be punished by hn'
not to exceed five hundred dollars and by imprisonment In the
Jail 9eneuy for period not less than one nor more than
SIC u AaH be Il further enacted That nothing in this &C;
shall be construed prevent who has avaei
himself herself Of the benefit Of the second section Of this act
from paying the minimum Government price Tor the quantity o.
land entered az time before the expiration Of the five
years, and obtain patent therefor from the Government as in
other cases made and provided Tor by law
Mr. BROWN understand that this amendment
is moved by the Senator from Tennessee as sUbst-
tute for the House bill.
Mr. JOHNSON Of Tennessee. 1t is to take the
place Of the amendment, offered by the Committee
originally, in lieu of the House bill
Mr. BROWN What I want to know is this: after
this amendment shall have been voted upon if it shall
be lost viii it then be in orderfor me again to move
NV amendment to the original billy
The PRESIDING OFFICER. Mr. FTZPATuCE in
the chair) The Chair understands that it will be in
order for the Senator to offer his amendment, If that
amendment shall be voted down. 1t Is now in order
for the Senator from Tennessee to offer the amend
ment just read and it Is also IN order for the Sena-
tor from Mississippi to move his amendment to that
if he chooses to do SO.
Mr. BROWN ! am willing to see the vote first
taken or this amendment. without embarrassing it
by my proposition; butf this lost Ishall then offer
mine to the original proposition.
Mr. JOHNSON. of Tennessee. Mr. President when
came here, at the beginning of this session. 1t was
not my intention to speak upon the homestead prop
osition. had spoken again and again upon it years
nd Is 1lt
saw on the subject; but since it has been Introduced
in the Senate during the present session the debate
and the direction Of the measure seem to be some
what strange: ana especially the direction that the
discussion took yesterday. On account OF this l
feel il to be incumbent on me TO say few words IN
reference to the homestead and the position that some
Senators occupy on that question. 1t las been,
think somewhat remarkable that. since the discuss
ION came up on this subject during the present ses
sion Tennessee should be singled out as the object
of attack and her Senators particularly, in connec
ton with this subject There has been an unwar-
rantable and uncalled for attempt made to assO
Ciate this measure and the position of Tennessee
upon it, with certain principles that are advocated
in the country with which she has no sympathy.
The Senator from Virginia Mr.. Mason yesterday
seemed TO be enlightend-atleast he so stated-upon
listening TO the speech of the Senator from NISCOn-
sin MIR DOOLUTEl He said that Senator had shed
a flood of light on this subject; that he had given
phaseS To this question that was peculiarly m
terpetinu. and one winch the country NOulu ulueF-
stand lie repeated that the Senator from Wiseon-
sin had shed flood of light the subject: thereby
meaning l presume the connection or the assOcIa-
ton OF the slavery question with the homestead
propoSition ] confess that on the ore hand ! was
Trafifed while on the other. l was extremely NOR
tilted was Cratifed TO hear that the Senator from
Virp1nia-who has on one or two occasion assumed
as il we're to be the custodian Of the interests and
pDIicv OF the State of Teunessee-contesS for once
at least since have been in the Senate that he had
a flood of light shed on his mind; for do not think
any other occasion has presented itself when he
yg6uII have made that acknowledgment. l incline
TO think that Tennessee can now as she has IN times
zone bv. either IN the councils of the nation OF on
the battlefield take care of her own interest with
ont calling upon the Senator from Virginia to do It.
We have been driven round and round upon the
slavery question: round and round the giddy circle
of slavery agitation we have gone until our heads
are rcpIing and our stumachS are sick, and almost
heaving. The agitation of the slavery question
seems 10 be subject that is always TO be introduced
here care not what is before the Senate. Nmle
was gratited. as remarked to hear that the nena-
t0r from Virginia who speaks in oracuar language
when he does speak, if all should not only hear,
but obey hm-on the other hand l was mortified
when ] heard the speech made yesterday by the
senator from Wisconsin, connecting and involving
this with the slavery question. | think they have
no connection and they should be kept separate and
distinct As I remarked on a former occasion,
lock on the homestead proposition as lriSing above
all party or sectional questions. looked upon tins