Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-02-03
Tyyenty-1Ifth aongress---od sess.
Friday, January 26, 1893.
IN SENATE.
y u ~ II ! II
OKDERS lE THE NY


nalor copy Of Gales and Seaton American State Pa
Pes aud copies OF certain publications the subject ut
the public lands was taken up, and after some remarks
from Messrs King and Robbins was laid on the table
PRE- EMPToNS TO ACTUAL SETTLERS.
The bill 10 grant pre- empon rights 10 settlers on the
public lands, was taken up The unfinished business
MIR. Webster said he would call the attention oil The
chairman OF The committee 10 subject not necessarily
connected with the bill, but Of great importance IT
the Proprety Of making some provision IN The bill
to settle questions arising the General Land Ohce.
and the local land offices, with respect to the mode OF
finally drcldng on disputed land titles He would sns-
gest 10 the chairman Of the committee, MIR. Walker,)
whether provision should not be made to give to the
Of the United States in the Slales competent ju
rsdction all disputed land titles, arising not only
under the pre- emPtion laws: but in all other cases He
thouahr The circuit district courts were authorized
entertain Jurisdiction the matter at home, great
deal Of trouble would be saved both here and there; and
The advantage OF uniformity in practice and decision
would be obtained He did not purpose TO Offer any
amendment himself he did not deem it essential To
the bill, which he Supposed constituted as the Senate
was pass; but he threw out these suggestions 10
The chairman of the committee for his consideration
while the bill was pending Under the BILL some such
provision being necessary IL would be ns we'll To he IN
troduced now 4 future Time
Mr. Walker replied that he would like to take more
time TO consider this suggestion of the Senator from
Massachusetts. particularly That gentleman seemed
10 think that This jurisdiction should extend not only to
pre-empon calns. but other arising out OF dis
puted land titles He could moi say whether II would not
be better 10 provide for such By general law. He
had made up his mind fully this subject as yet
One Of the difficulties which presented themselves 10 him
was the expense which would be incurred by carrying
conflicting before the IT, States Courts. The par
ties general poor residing al distance from the
Courts they would be compelled procure strictly legal
evidence The various points to be determined by the
courts and 10 employ lawyers, all OF which would IN
volve expense too heavy for the orl;v OF them TO
bear and many cases the entire value OF the quarter
ton Now he had objection TO provision extending
this jurisdiction with The consent Of paes but 10 COM
pei pari7 before these courts without me con
Of the other, would involve heavy cost which he
would hesitate long before lie would consent to impose
them. lie should also have no objection 10 an appeal
in the las, resort 10 either Of the United States Courts
where either party dissatisfied with The decisnn Of
the General Land Office. He thrrw out these sugges-
lions 10 the Senator from Massachusetts,, and probably
might hereafter 10 provisions, sufficiently
ma,ured and guarded that would meet the views o The
gentleman.
Mr. Webster observed that his object general
10 give dec. power 10 the OF the United States
10 entertain jurisdiction all disputed cases whatever
The gentleman greatest objection appeared 10 be iound
ed on the expense be incurred BY carrying these
before the United States Courts Now, the first in.
quiTy was, there any existing mode short OF Jndica
ture b. which these conflicting could De settled
Here were two conflicting cases. and u dispute The
rirht to patent and the President decides in favor of
a. Now, did that end the case: No. surely. IT must
be made the subject of private litigation; and the only
difference II the two parties were inhabitants OF the
same State they might avail themselves Of the State
courts Now. all the objections 10 expense distance
and legal srctness Of evidence, existed as we'll with re-
gard TO the State courts as 10 the circuit and district
courts and easy 10 try the cases in The latter as
IL the former.
One great object (slr W. sad) was 10 have process
which should be uniform in the decision Of these imPor
lant cases and whether this would not be eaSIe! OBJ
tanned in the u s. CouIs than inhe various Of
the States where various forms and opinions prevailed,
aud where the only mode Of bringing the before
the L. S Court would be BY the crcuifous process OF
writ of to the Supreme Court, was submitted TO
the Judgment of the Chairman of the Committee.
Mr. Claw Of Ala did not know what views he mi ght
entertain with respect 10 the proposition OF The Senator
from Massachusetts, we're Il made IN distinct iorn ou!
he trusted that it would nul all events be made
amendment 10 emba.rass the bill under discussion The
proposition one and some views with respect
TO il which had been taken by the Chairman othe Com.
nillee were worthy Of the deliberate consideration oi
the Senate tie referred TO the great expense attending
this mode of litigation presenting the strongest CD
eclons to it, He himself not aware that there was
any objection 10 the jurisdiction of the State courts
over these disputed land cases. all Of them had chance.
ry Jurisdiction. as well as law; and although there
might not be the uniformity o.! process and decl-
sion in them as there was in The L. s. Courts yet they,
wihou! doubt dispensed justice surely and as cheap
There was another view 10 he taken OF this question:
Suppose both parties were residents OF the same STATE.
would generally De The case and no question III
voyinu the lullonaiIty validity oil law OF the
United States could jurisdiction in such cases be given
TO the Circui! Courts Of the United S;aes He (Alr
G. was not prepared himself 10 say concluslvcy, what
might be his opinion that subject HIS attention. he
said had not for some past been directed TO such
Questions and without giving an opinion, lie threw out
the suggestion for the consideration OF the Senator from
Massachusetts.
A, aeyen,s though he had not given due considera-
ton 10 the proposition OF The Senator from Massachu-
o,,lI nat Ia. pn
bill intended 10 secure their homes and Improvements
10 the mcrorous and Industrious cultvaors OF The pub
lie domain II the Senator believed that provision OF
this nature was important; he hoped that he would in
,,oduce il in separate bill, and he, for pledged him.
self TO rive il the attentive consideration There
seemed to him. however to BE- such great difficulty
about the matter These were ordinarily deter.
mined here in the last resort by the Commissioner OF
the General Land Office with the aid o! the Solicitor OF
that Department. and with reference in cases OF diff
emily 10 The Attorney General M great complaints of
this mode Of decision had been made al least, very
few Mr. C. said in his State. Whenever difficulties nc
CURED the practice of the Commissioner OF the &c
neral Land Office 10 suspend the decision I'LL re-
port was had from the local land Office and all the par
ties were fully heard the subject. Then the Com.
missioner, who has for years past been lawyer,
and certainly always Dug ht 10 be- decides with the as
sis,aace Of the best legal counsel
This mode Of decision Mr. e. believed, had generally
given satisfaction, the most convenient TO the par.
lies and attended with little expense MIR. Y. concluded
BY repeating The hope That the proposition OF The Scna-
Tor from Massachusetts would be broug ht forward IN
slinct FORM and not permitted 10 embarraSs measure
of such Importance as the present, and one which Mr.
C. wished determined its merits If sent TO tie
committee to which he belonged, It would receive The
prompt and attentive considerations and be decided
on by the Senate with reference TO It's own intrinsic
merits
MIR Webster did not propose to offer any endnent,
did lie intend TO bring in any bill; but he believed
that before another year passed, they would be called
cases and The course he suggested to ob"ate the
difficulty by what seemed TO him the easiest mode-
Now. these questions would arise undrr the laws OF
the United States he supposed there no doubt of the
power of Congress TO give the United States Courts Iu
risdlction over them. This had been done in many
cases, and NJ. W. cited the jurisdiction given to the
United States Courts in arising out OF The coilec'
ton of the customs.
Al. WaIEer cnnnnrraG riIh the Senatnr from Massa.