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

having existed for fifteen years--and then went on
70 say that these Illustrations would show TO the
Senate that legislation was necessary. He had been
furnished, in letter from the Land Office, with the
causes Of suspension. The following was SUM
mary OF these causesl
Where the entry was allowed without affidavit
Where the affidavit was not exactly formal.
Where the entry was allowed before the plat was
| returned, etc.
Private entries suspended
For defects in the plats at the time of entry.
For defects in description.
For lrreguiarily on the part OF the register
For reservations Of the land
For the entry Of forty-acre tract without am
| dayit, etc.
He inquired the particular causes, with view Of
meeting suggestion Of the senator from South Car
olina, Mr. CALHOUN now sitting on the other slue
| Of the chamber, and would now state them TO him
| if he would favor him with his attention; he would
state the result Of his inquiries There were only
two modes Of reaching the matter Congress rrinei
either egisate each special case, or delegate pow
| er of decision TO some other body. The easiest
mode was that proposed by the bill. The feature OF
| the bill the exercise OF equitable power II
was not proposed TO decide cases Of disputed title
between individuals. The eases had been kept
open and no decisions made, because these decl-
sions would have been adverse to the claimants. II
SEEMED to him that, although it might please the
Senate TO modify tie bill, yet 1t must be acknowl-
| edged that some legislation necessary to settle
these claims on principles Of eduity,
! Mr.. HUNTINGTON was desirous yesterday for
longer time for consideration of the bill but had not
objected to-day its friends wished IL 10 be taken
up He was perfectly convinced that some legisla-
ton was necessary. The question was as TO the
best mode Of adjudication. 1t would be well TO rec
oect that the btion law contained provisions
for the benefit Of the government well that Of
the settlers. Patents had been refused in thousands
\ Of cases. Did the bill make suitable provision for
the security Of the government He wished the
Senate 10 understand that every suspended claim, no
matter for what cause suspended, could be decided
| by this board finally, not only as between the gov
eminent and the claimant but between contesting
claimants. The board would have right TO decide
the validity Of the patents matter whether the
law had been complied with or not. Now was il
prudent-accordant with .usage-to create such
board for such purpose That was the ques.
ton. Congress would have no costrol over the
board; its decision would be final. Was that con.
sisent with the analogy Of the operation ofthe laws
He not willing TO commence the practice Of Civ
| ing any board conclusive Jurisdiction. II was per
] fectly easy TO have an examination of the
case by the proper legal officers. He repeated thai
| the bill proceeded on the supposition that every
case to be decided on principles OF equity and
insisted that they should do as in all other
Let the claimant come TO Congress- and if the claim
was just 1t would be allowed. There was no ne
costly for much delay. With that view, and for
the purpose Of testing the question whether such
board should be constituted, he would move the fol-
lowing amendment:
| Not being able TO procure copy Of the amend
ment, we give the substance, which is as follows
Strike out the preamble, and all Of the bill afer
the enactng clause, and insert substitute providing
that the Commissioner of the General Land Office
should inquire into and report the reasons why
listing presumption claims were suspended, together
with his opinion and the reasons therefor, 10
what individual claims should be allowed, and
which should be rejected thus leaving Congress
to take final action in the premises"
1t would be perceived that his object was to keep
the final action IN the hands Of Congress.
| Mr.. SPElGHT inquired Of the senator how long
he supposed Il would be before Congress would
have passed on I've thousand CAGES of suspended
pre-empuon claims' He was surprised 10 hear the
question asked show many claims are therei'
That appeared to be the great bugbear in the case
Why, the more numerous the cases, the greater
the necessity Of action, and speedy action Ii
seemed to be the desire Of some that the govern.
ment should hold both the lands and the money
He commended that il the poor settler whose claim
was rejected got back only the money paid by him
the government would be acting a part no more hon.
orable than that Of a common robber.
MIR. HUN rINGToN could not tell the senator
who last spoke what length of time the process oil
adjudication by Congress would take; but he did
not regard that as serious objection to the princ
pie He could not perceive how any difficulty
would arise TO impede the action Of Congress on q
report Of these in which they would be class
fed II there were nothing in them properly to ar.
rest the action Of Congress, undoubtedly they would
be at once passed upon. There were those who fell
sufficient interest in the claims to make known any
fraud if it existed He could not see any difficulty
in allowing Congress 10 act in these cases.
Mr. SPElGHT asked, would Congress act spec
dily'
Mr.. HUNTINGTON could see no reason why
| it should not.
Mr.. SPEIGHT remarked, that the action Of
Congress had always heretofore been dilatory in
cases Of claims.
Mr.. HUNTINGTON inquired if Congress was
dilaory in its action, was that any Just reason to
| refuse a reference to il Of cases which properly
come under its jurisdiction He presumed that Con.
gress would do its duty when tho report came be
fore it. He objected to the bill on principle, and
found their statute-books in which such power as
that to be exercised under the bill had ever been
vested in any board.
Mr. JOHNSON of Louisiana, observed that ali
the difficulties in these cases had arisen from the
ignorance or improper conduct of the officers ap
pointed by the government for the purpose Of de.
Gliding upon these claims. Congress had passed a,
different periods laws giving presumption rights to
certain settlers on the public lands. The commits.
| soners had been constituted a court to receive
| the money and give receipt, and the law had
pointed out the mode Of procedure; but when the
returns were made to the General Land Office, il
was said that in these cases the proper formalties
had been observed, and therefore they remained
suspended. Here the honorable senator read from q
report of the Land Office relative to the claimants
in the State of louisiana in order to show that the
suspension arose, not from the part of the
claimants, for they had complied with the requisi
tons Of the commissioners, but on account of some
nformality on the part of the court.
| Mr.. ASHLEY intended to offer an amendment,
but finding it would not meet the defects Of the bill
he would not offer it. There was but one provision
of law which gives an appeal. By law, all persons
| having claims of presumption were to prove them
to the satisfaction Of the register and receiver The
consequence was that claimants, when not able to
comply with the provisions Of law, were not con.
hrmed in their claims. The present was a case be-
tween the government and settlers, and he would
ask if it were desired by senator's to retain the
money Of settlers in the treasury As to his owr
State, (Arkansas,) he naver knew of any fraudu
lent land claims. A return Of the money, or the is
sue Of their patents, was the right of those five