The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-05
THE DAILY UNION.

city Of Washington from all quarters Of the Union,
Obligng them TO incur great expense and inconveni-
ence He opposed 10 any such remedy as that
proposed by the bill. Hall OF the cases at least
ought not 10 be remedied at all, and those which
ought TO be remedied could be remedled by the
istins laws. That was his view of the case. He
was entirely opposed to the bill in its present form
The reporter regrets that he is unable at present to
give satisfactory sketch of Mr.. SIS remarks
A fill report may be expected hereailsr. am,
| Mr.. ALLEN followed. lie said this bill in
yolyed very large interests-fye thousand titles to
lands-and was applicable 10 all parts OF the Union
Ii was a difficult question on which TO legislate-a
very difficult subject The difficulty lay In the dan
ger Of disturbing the existing rights Of indlyd usls
by legislation. Now, this act applied not merely TO
cases where the question was one OF equity between
the government and an individual, but TO cases
where the question was between two individuals
and the government-where there were three par
ues II was quite easy 10 conceive mat when a
question was confed To A and the government-as,
for lnetGnee, where had entered lands, and paid
the money, though irregularly and not according to
the strict forms OF the statdte-there might be jus.
uce and equity in the government, by subse-
uuent law, doing aWav the c6haequences of
that itregdlarty, and granting the title, paying
back the money. That would be an easy arrange
ment. But in cases where third parties were con-
cerned was different affair. The put by the
senator from Arkansas was one OF these, and II
was but one Of numerous class. There were
cases where the title was contested by and b. and
where the difficulty arose as 10 which should obtain
it, The question for the government then was not
whether the title ought TO be granted or not, but
to which of the contestants should il be granted.
| He did not design TO 90 into an argument on this
subject, but desired merely to point out some Of the
difficulties in the way OF legsIatihg at oil upon
these cases. His chief object In doing so was TO
enforce the propriety and expediency OF giving
some more time to the consideration of the bin II
L A.. "A a.. a.
rights Of individuals TO five thousand tracts Of land
II was no small matter. II was thing which car
ried with II no small consequences. IL was a thing
which demanded serious reelection, and much fore
sight. When government undertook TO do an act
which disturbed the subsisting rights Of individuals
il ought be well assured that il doing so in or
der to achieve great public good, aRd to
confer substantial benefits. Ii ought TO be
certain that II is about to do good and not evil II
the question were only between the government and
the citizen alone, the government might proceed
in It's equity and compromise the matter;
and even If il became the loser, and the citizen
the gamer, II might not be unjust improper; but
here question where two parties besides the
government might be interested; and il was pro-
posed to pass an act Of Congress, by which the con-
cting claims and rights OF individuals ght be in
volyed-an act Of Congress which was TO be used
in courts Of law-an act Of Congress by which
titles were 10 be derived from a new source-an
act, he would undertake to say, which would create
more litigation than any one act which Congress
had passed for many years. This was a discretion
in chancery-it proposed TO be such on its face. He
therefore desired that adequate time would be al
lowed for the examination of the BILL and that il
would not now be pressed.
Mr.. YULEE remarked that with the permission
or the senator from Ohio he would show that the
senator from Arkansa0 had totally misconceived the
nature Of the submitted by the commissioner
Mr.. ALLEN was quite willing that the senator
shond proceed.
Mr.. YULEE had merely to state that it was no,
the purpose of the bill nor Of the commissioner, nor
was it competent to the commissioner to decide on
cases as between individuals. IL was competent 10
the government only to decide in cases between it,.
self and individuals. 1t was not designed by the
bill that the board should decide upon contested
claims between individuals.
Mr.. SEWER remarked that that was the first
| time he had been informed Of that fact
Mr.. ALLEN observed that on the face Of the
bill all claims were included.
Mr. A. would again suggest that the bill be passed
| by informally
Mr.. SPEfGHT said that if the senator [Mr.
HUNTMGrosl would give way he would make that
motion, and the amendment could be offered to-
morrow.
Mr.. JOHNSON, ofMaryland, asked the object OF
the postponement:
ford time for more full and thorough examination
and discussion Of the bill. He would move that it
be made the special order for tomorrow.
Mr.. YULEE desired an opportunity to make a
correction Of what he regarded an error in regard
to matter OF fact the part of the senator from
New Jersey, [Mr. DArroN.l That senator had OBJ.
ected to the bill on the ground that il sought to in
troduce principle into their legisation-to
w.t. an allowance Of decision on claims according to
the principles of equity. II the senator would look
back to what had occurred since he had become a
member Of the body, he would find that he had
| hly he of ! he
very principle to which he now objected, In his
i (Mr. Y's) short experience he could refer to
cases in which the decision Of claims was authori-
zed to be made according to the principles Of equity
In lS43 the accounting officer Of the treasury was
authorized to settle certain claims of the Florida mi
litia, &C., on principles of equity and justice, under
the direction Of the Secretary of War. That was
one Again: in 1874 an act passed author
izing the settlement Of private claims on the
same principle. whole class of private
claims was, by that act, submitted for de-
cison to the discretion of the President, exercised
on the principles of equity and justice-no matter
what the nature or illegality of them. But the
senator seemed to suppose that the decision of the
cases was submitted entirely to the mere "discre-
tom Of the board 1t was not 80. They were to
decide on the principles of equity-princpes ascer-
tanned, known, acknowledged defined, as fully al
most as those of law-and easily pursued. After
some further remarks in reply to objections urged
against the bill, and showing that it impossible
to make any general rule apply to these cases, the
honorable senator concluded by some energetic
observations as to the necessity Of speedy action on
the subject. As to the idea of returning the money
to the settler which he had paid for the land, and
then eectng him, it would be not in equity, but
most Ubiquitous
Mr.. BREESE remarked that it seemed to be
conceded oil hands that some legislation was
necessary this subject, and that this bill, if not
now perfect, should be amended to meet the
nature of the case, and assume a form agreeable
to majority of the Senate. After what had fallen
from the senator from Arkansas, Mr.. SEWER, ]
all must be satisfied of the necessity of legisa-
ton. He had made the strongest possible argument
in favor of some bill other. The great difficulty
in the case, had, it would appear, been overlooked
it this-the department could not get along with
these cases undar the existing laws. That was the
great difficulty, as would be more clearly perceived
from the report of the Land Commissioner. There
must be some tribunal clothed with power for their
adjudication. He would beg to call the attention OF
the Senate to the statement Of the commissioner. In
closing his report, he saws: 49, ia