Year: 1860

entitled under it has been extended to a point where, undoubtedly, 1t has been found that door was open to fraud which has been entered by great numbers hitherto That was yielded in the committee of con ference in the first place, and was deemed to be very important concession to the committee on h part of the House. To that assented, and would assent yet, but still 1 felt it was a very great concession to extend it beyond the heads of families, to whom the grant of the homestead privilege was first intended to extend, and to carry it to individuals of the age of twenty-one years.

 The next point upon which there was difficulty was in regard to the class of land. According to the original bill as it passed the Senate, the homestead privilege to enter upon lands and to hold them for five years without payment, and then to pay for them at the rate of twenty-five cents an acre, was extended only to that class of lands which had been once offered at public sale, and were thereafter subject to sale at private entry. 1t was confined to that class of lands which were subject to sale at private entry, at S1 9 an acre. On all those lands in the United States-and there are many millions of acres of them-it was allowed that actual settlers should go and reside for five years without paying any thing during that time, and at the end of five years could pay their twenty-five cents an acre, and take the lands The change which has been made in this bill in that particular has been to extend it beyond the loY, fn la o,,I carry 1t to the whole public domain. am not certain, as 1 have not yet heard the conference report read, whether 1t is con fined to lands which have been surveyed. or to all public lands surveyed or unsurveyed which have not been offered at public sale. If any one can state to me how that is, should be glad to know

 Mir. RICE. It is upon all surveyed land.

 Mir. JOHNSON, of Arkansas. Very we'll. Instead of lands which have been surveyed, and have been offered at public sale, and are now subject to sale at private entry at $1 9 an acre, the homestead privilege now includes all that portion of the public domain which has been actually surveyed, but never has been offered at public sale. Those lands that have been surveyed and have not been offered at public sale are lands that have not been picked and culled; and where all the choice lands are subject to be put to the highest bidder, they cannot bring less than Sl p acre, and may bring as high as twenty or twenty y-fve dollars

 M~. DAVIS. To aid my fliend in the line of his argument, 1 will say that 1t is confined to alternate sections which have not been offered for sale.

 Mir. JOHNSON, of Arkansas. I will come to that directly.

 It is, then, allowed, as I understand, that they shall go on to these surveyed lands. Now l call the attention of the Senate, and 1 called the attention of the committee of conference to 1t at the time 1 was member of 1t, that the definition, which Is restric- tive apparently, Is no restriction at all On the contrary, whenever they speak of minor class there, they speak of class that Is compelled ultimately to embrace the larger class, for the surveyed lands are ulti- mately compelled to embracct Inc unsurveyed before they can reach the point where they can be offered at public sale. Under these circumstances, all the public unsurveyed lands are to pass through the process of survey, and become subject, then, conse- quently. -hefore they have been offered to see what their reai value is, or what they will bring to the treasury, to be granrg'e-- the homestead privilege at twenty-five cents an acre. and at five years credit at that. Thus, 1t will be seen, it is not confinement at all of the operation of the homestead privilege to the surveyed lands; for those who may desire to have the bene- lit of the homestead privilege, and will go upon those lands that are unsurveyed, can do so, and, if undisturbed by the general government, remain as long as they please, and wait until such time as they have been surveyed to be brought into market; from which time the period of five years will commence to run, so that it gives them an additional credit upon the unsurveyed lands, still longer than five years. This is the practical operation of it.

 Then, l understand it is true, as my at- tention was called to it by the Senator from Mississippi, that it is confined to al- ternate sections; and why? Why should it beextended beyond the mere land subject to sale at private entry at all? It is for the sense of Congress to determine whether this policy shall be adopted at all. It is plain enough 10 be seen that there are one- half of the public lands at once, that have never been offered at public sale at all, that are put out to all such as choose to go on them, to take them at once at twenty-five cents an acre, and five years credit where it has been surveyed, and an unlimited credit where 1t has not been surveyed. That is the condition. practically, in which this matter presents itself so far as the class of lands are concerned. In taking the alter nate sections, it becomes one-haf of the entire public domain.

 Next, as to pre-emption: the bill which passed this body did not interfere with pre- emptions, but left them the same, except in this particular; that there might be the utmost liberaity shown to those who had been living upon the public lands, until they had built up counties, towns, and even States, and did not pay anything for them at all; and in order that none should be of the bill, were allowed to those who had the pre-emptons on the unoffered lands within the different States and territories, within which time to make the money and come forward and pay for the property at s p an acre. As 1t Is now, instead of continuing 1t in that position, they strike down one half, in fact upon all, who arc now entitled to pre-emption upon these lands that have never yet been offered at public sale. The very best lands have been taken up throughout the several States and territories, and pre-emptions are now secured by the parties. The money, at $l 20 an acre, has not been paid; and they have ur- gently pressed it upon the government here. and compelled the government to delay demanding payment, as well as to keep the lands out of market, so that they could have the full possession and enjoyment of them. They have had it for many years, and two years more were given them by the Senate bill; but according to this proposi- tion as it comes from the conference, they xIa 41