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Resolved, That the Committee on Public Lands be, and they are hereby, authorized to employ a clerk during the present session, at a compensation not exceeding four dollars per day.

The same having been read, after debate,

Mr. Disney moved the previous question; which was seconded and the main question ordered, and, under the operation thereof, the said resolution was agreed to.

Mr. George W. Jones moved that the vote by which the bill of the House (No. 613) to prevent the introduction into the United States of foreign criminals, paupers, idiots, lunatics, insane and blind persons, was yesterday re-referred to the Committee on Commerce, be reconsidered, and also moved that the motion to reconsider be laid on the table; which latter motion was agreed to.

Mr. Latham, from the Committee on Public Lands, to whom was referred the bill of the House (No. 547) to continue in force for a limited time the provisions of the act of Congress of 3d March, 1851, and the second section of its supplement of 18th January, 1854, so as to enable the board of land commissioners in California to close their adjudications of private land titles in that State, and for other purposes, reported the same without amendment.

After debate,

Mr. Latham moved the previous question; which was seconded and the main question ordered, and, under the operation thereof, the said bill was ordered to be engrossed and read a third time.

Being engrossed, it was accordingly read the third time, and passed. Ordered, That the Clerk request the concurrence of the Senate therein.

Mr. Latham moved that the vote by which the said bill was passed be reconsidered, and also moved that the motion to reconsider be laid. upon the table; which latter motion was agreed to.

Mr. Cobb, from the Committee on Public Lands, to whom was rereferred the bill of the House (No. 550) to amend an act approved the 4th of August, 1854, entitled "An act to graduate and reduce the price of the public lands to actual settlers and cultivators," together with the proposed amendments thereto, reported the same with an amendment, in the nature of a substitute therefor.

Pending the question on agreeing to the said amendment,

Mr. George W. Jones moved to amend the same, by striking out so much thereof as requires actual settlement and proof of improvement. Pending which,

Mr. Cobb moved the previous question; and the House refused to second the same.

After further debate,

Mr. George W. Jones modified the amendment to the amendment, submitted by him, so as to read as follows, viz:

Strike out the words, "Provided, That the portion of said law that has been construed as authorizing the entry of lands under said graduation act, on filing a declaration of intention to enter lands for the use of the applicant, and for the purpose of settlement and cultivation, shall hereafter be considered as authorizing an entry in such cases, only on proof of actual settlement and improvement by the party

making such application, under such rules and regulations as may prescribed by the Secretary of the Interior for that purpose;" And insert in lieu thereof the following, viz:

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Sec.. And be it further enacted, That any free person who is the head of a family, or who has arrived at the age of twenty-one years, and is a cit izen of the United States, shall, from and after the passage of this act, be entitled to enter, at the rate of fourteen and one-half cents per acre, to be. paid at the expiration of five years from the date of such entry, one quartersection of vacant and unappropriated public lands, which may, at the time the application is made, be subject to private entry at one dollar and twentyfive cents per acre, or a quantity equal thereto, to be located in a body, in conformity with the legal subdivisions of the public lands, and after the same shall have been surveyed.

Sec.

And be it 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 a family, or is twenty-one years of age, and that such application is made for his or her exclusive use and benefit, and those specially mentioned in this act, and not either directly or indirectly for the use or benefit of any other person or persons whomsoever; 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 quantity of land already specified: Provided, however, 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 devisee, or, in case of a widow making such entry, her heirs or devisee, in case of her death, shall prove by two credible witnesses that he, she, or they, have continued to reside upm 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 be entitled to a patent, as in other cases provided for by law: And provided further, 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 the fee shall inure 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 domicil, sell said land for the benefit of said infants, 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.

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Sec. And be it further enacted, That the register 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. And be it 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, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit shall have actually changed his or her residence, or aban doned the said entry for more than six months at any time, then, and in that event, the land so entered shall revert back to the government, and be disposed

of as other public lands are now by law, subject to an appeal to the General Land Office. Sec. And be it further enacted, That if any individual now a resident of any one of the States or Territories, and not a citizen of the United States, but, at the time of the passage of this act, shall have filed a declaration of intention as required by the naturalization laws of the United States, and shall become a citizen of the same before the issuing of the patent, as made and provided for in this act, shall be placed upon an equal footing with the native-born citizen of the United States.

Sec.. And be it further enacted, That no individual 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 hereby required to prepare and issue such rules and regulations, consistent with this act, as shall be necessary and proper to carry its 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 entered under the provisions of this act that they are now entitled to receive when the same quantity of land is entered with money, onehalf to be paid by the person making the application, at the time of so doing, and the other half on the issue of the certificate by the person to whom it may be issued: Provided, however, That all persons entering land under the provisions of this act shall, as near as may be practicable, in making such entries, be confined to each alternate quarter-section, and to lands subject to private entry: And provided further, That nothing in this act shall be so construed as to impair or interfere in any manner whatever with existing preemption rights: Provided further, That the provisions of this art shall be so construed as to authorize the class of persons provided for in the foregoing part of this act, who may not own one hundred and sixty acres of land, to enter, at the rate of fourteen and one-half cents per acre, any of the public lands adjoining his or her farm subject to entry at the minimum price per acre, a quantity, when added to what they may now own, be equal to one hundred and sixty acres, provided he or she shall cultivate the whole or a part thereof.

Mr. Dawson moved that the said bill and pending amendments be re-referred to the Committee on Public Lands.

Pending which,

Mr. Houston made the point of order that the amendment to the amendment was not in order, on the ground that it was not germain. Pending which,

On motion of Mr. Hamilton, the House resolved itself into the Committee of the Whole House on the state of the Union; and, after some time spent therein, the Speaker resumed the chair, and Mr. Orr reported that the committee having, according to order, had the state of the Union generally under consideration, and particularly the bill of the House (No. 9) for the relief of purchasers and locators of swamp and overflowed lands, had come to no resolution thereon.

A message, in writing, was received from the President of the United States, by Mr. Sidney Webster, his private secretary; which was handed in at the Speaker's table.

Notices of motions for leave to introduce bills were given, under the rule, as follows, viz:

By Mr. Morgan: A bill directing the Secretary of the Treasury to

employ the dredge-boat belonging to the government, now at Oswego, in dredging the entrance of Sodus harbor, in Cayuga, and Sodus harbor, in Wayne county, New York.

By Mr. Houston: A bill to amend an act approved 4th August, 1854, entitled "An act to graduate and reduce the price of the public lands to actual settlers and cultivators."

Mr. George W. Jones submitted the following resolution, viz:

Resolved, That all debate in the Committee of the Whole House on the state of the Union on the bill of the House (No. 9) for the relief of purchasers and locators of swamp and overflowed lands, shall cease in one hour after its consideration is resumed, (if the committee shall not sooner come to a conclusion upon the same;) and the committee shall then proceed to vote on such amendments as may be pending or offered to the same, and shall then report it to the House with such amendments as may have been agreed to by the committee.

Pending which,

Mr. George W. Jones moved the previous question.
Pending which,

On motion of Mr. Letcher, at 3 o'clock and 10 minutes p. m., the House adjourned until to-morrow, at 12 o'clock m.

THURSDAY, JANUARY 4, 1855.

Another member appeared and took his seat, viz:
From the State of New York-James Maurice.

The following petitions were laid on the Clerk's table, under the 24th rule of the House, to wit:

By Mr. Dowdell: The petition of S. T. Hopkins, and other citizens of Benton and Cherokee counties, Alabama, for a mail route from Jacksonville to Van Buren, in said State;

Also, the petition of citizens of Randolph county, in the State of Alabama, for a mail route from Wesabulga to Chulofena, in said State.

Ordered, That said petitions be referred to the Committee on the Post Office and Post Roads.

By Mr. Orr: The petition of David Goodlet, for arrears of pension; which was referred to the Committee on Invalid Pensions.

By Mr. Lewis: The petition of Jerusha Stevens, for pension; which was referred to the Committee on Revolutionary Pensions.

Also, the petition of Eunice Fairbanks, for bounty land; which was referred to the Committee on Public Lands.

By Mr. Phillips: The petition of Gerald Byrne's heirs and legal representatives, for indemnity for property destroyed and stolen by the Indians;

Also, the petition of the heirs and legal representatives of Moses Steadman, deceased, for indemnity for property destroyed and stolen by the Indians.

Ordered, That said petitions be referred to the Committee on Indian Affairs.

By Mr. Mayall: The petition of Peter Grover-heretofore presented January 23, 1852; which was referred to the Committee of Claims.

By Mr. Russell: The petition of Oscar W. Tuck, for payment for

services rendered as clerk in the office of the Fourth Auditor of the

Treasury in 1853; which was referred to the Committee of Ways and

Means.

By Mr. Benson: The petition of citizens of the State of Maine, for a mail route from Gardiner to Gunston, in said State; which was referred to the Committee on the Post Office and Post Roads.

By Mr. Goodwin: Two petitions of citizens of the State of New York, that bounty land be granted to the soldiers of the war of 1812; which were referred to the Committee on Public Lands.

By Mr. Simmons: The petition of Horatio Seymour and other citizens of the State of New York, that an expedition be sent to the Arctic seas in search of Dr. Kane; which was referred to the Committee on Naval Affairs.

By Mr. Wheeler: The petition of citizens of New York employed as pilots, &c., for the erection of two light-boats in Gedney's channel, one at Flynn's knoll, and one at the Southwest Spit; which was referred to the Committee on Commerce.

By Mr. Ingersoll: The petition of Ferdinand Cox, late United States secretary of legation to Brazil, for services as chargé d'affaires at said court during the years 1852 and 1853; which was referred to the Committee on Foreign Affairs.

The Speaker, by unanimous consent, laid before the House the following message, received yesterday from the President of the United States, viz:

To the House of Representatives:

In response to the resolution of the House of Representatives of the 11th ultimo, requesting the President "to communicate to this House any proposition which may have been made to the government by the city authorities of Memphis, relative to the navy yard property recently ceded to that city, together with his views and those of the Navy Department as to the propriety of accepting the proposed re-cession and of re-establishing a naval depot and yard of construction at Memphis,” I transmit herewith a report of the Secretary of the Navy, and have only to add my concurrence in the views by him presented. FRANKLIN PIERCE.

WASHINGTON, D. C., January 1, 1855.

The same having been read,

Ordered, That the said message and accompanying documents be referred to a select committee of five members, and printed.

The Speaker thereupon appointed Mr. Frederick P. Stanton, of Tennessee; Mr. William Smith, of Virginia; Mr. Thomas D. Eliot, of Massachusetts; Mr. J. Glancy Jones, of Pennsylvania; and Mr. Nathaniel G. Taylor, of Tennessee, the said committee.

Mr. Fenton, by unanimous consent, introduced a bill (H. R. 614) for continuing the improvement of the harbor of Dunkirk, New York, on Lake Erie; which was read a first and second time, and referred to the Committee on Commerce.

On motion of Mr. Richardson, by unanimous consent,

Ordered, That the Committee on Territories be discharged from the further consideration of the petition of the officers of Kansas Territory,

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