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

eide in the matters embraced in the act as was on
the day after tho passage Of the ball. There were
other reasons which pointed to the ProPriety OF a
limitation of the time during which the bill was To
was right In his information. He (Mr. J } under
stood thai senator to sey that tAors were 'bout Ten
thousand cases unsettled.
Mr.. BREESE. Tens and tens of thousands
Mr.. JOHNSON. That pretty formidable
corps d. reserve to carry into the heat Oh an election
eering contest ofcourse he (Mr. J5 spoke with
out any iDyldious allusion to any political party
without reference TO the present administration OF 10
any future which Nigh, assure the rens OF
power. But all must perceive that these stems and
tens Of thousands" would constitute formidable
body of men ID be brought INTO party con.
aict. He therefore thought that il would be better
for ell hands--for the government as we'll for the
proprietoTs Of the lands that some reasonable limi-
taton of time shoud be fixed, within which
these disputed questions OF ti,lo with the govern
ment and the claimants should be setted-and. as he
supposed speaking subject to the correction Of those
better informed than he himself was on the subject
that il might all be done n the claimants and the
officers were dligent within two years from the pas
sage Of the act he would suggest the following pro-
vsoz-"thst the power and jurisdiction given to the
board shall cease and determine at the expiration OF
| two years from the passage thereof"
Mr.. ATCHlS0N rose to express his concurrence
in the general views expressed by the senator from
Maryland Mr.. JOHNSON, with regard TO two of his
amendments One Of his amendments was per-
haps important-anolhet was unnecessary--the
third, he MIR. Al should vote for theerfuly, and
that was the amendment proposing to limit the
jurisdiction OF the board 10 between the clalri
ant and the government where the rights Of no third
party were involved. But he could not agree
that the board should he limited to an equita.
bic jurisdiction in the technical meaning Of that
term. That would, in his opinion, defeat the
object of the bill. There being but two parties
-. -. a.
tion-the purchaser and the government-if the
decision was made, as the senator himself had pro-
pery observed in favor Of the issuing Of the patent
then the government had had the price paid for
the land and II the decision against the claim
ant, he YVES not TO be estopped from an appeal TO
Congress. The amendment was unnecessary. He
was altogether opposed To limiting the operation OF
the bill to two wears; because cases would be
tinually arising. and the commissioner took that
view Of the subject
Mr.. r. JOHNSON begged to interrupt the sena-
tor for moment He supposed that the bill itself
prospective He (Mr. j. had no desire to defeat
the biIl-quite the contrary.
Mr.. ATCHISON quoted the clause Of the bill
leases which accommodating from year 10 year,
&c" and also quoted from the report Of the Com
missioner Of the Land Office, summing up all the
reasons given for the passage Of the bill.
Mr.. BREESE here read letter addressed TO the
senator from Louisiana, Mr. JoHssos,l and him
self from the register at Mineral Point, Wisconsin,
stating that since the land Office was established
there in 1894, not single patent had been granted
Gpon any one of the numerous entries there made
Mr.. HUNTINGTON did not wish TO protract
the discussion, but would merely suggest to his
friend from Maryland, Mr.. JoHNsoN, that the effect
of the passage even proposed to be amended by
| him-especialy il carried out with the idea that 1t
| was to have prospective operation-would be to
constitute board with the power to set aside any
provision of the presumption laws II in justice and
equity they thought that the claimant ought TO have
the land. He wished to put this question: was it best
to establish principle by which board would be
constituted set aside and nullify every provision
OF sautary law made for the security of the public
interests it, in the opinion Of that board, justice and
| equity should so require, He could not vote foI
| the bill in any shape
Mr. JOHNSON, of Maryland, did not so under
stand the bill As it appeared to some senators tha
the operation of the bill was to be permanent, hi
would move to amend it by striking out after the
word legislature the words land which accnmu
| lating from year to year"
The question was then called for on Mr. Hun
TNGroN's amendment.
Mr.. r. JOHNSON thought that his amendments
| were first in order.
Mr. BREESE. The amendments of the senator
from Maryland are first in order, for it is the right
the friends Of the bill to make it perfect as pos
sble before any proposition to strike out can be en-
| tertaned.
In this opinion the PRESIDENT conceded, and
the question being taken the amendments sriatim
| they were all agreed to.
Mr.. HUNTINGTON then withdrew his amend
ment, and moved to lay the bill on the table as q
test questionable friends Of the bill seeming DESTROYS
Of a thorough discussion.
Mr.. SPElGHT called for the yeas and nays on
this motion, and the call being seconded they were
ordered, and taken with the following result:
YEAs-Messrs. Atherton, Calhoun Dayton, Evans
Hay wood Huntington, Jarnagn, Jenness, Lewis Mansum
NAYs-Messrs. Allen, Ashley Atchison, .Breese
oSnscn o johnson Of
Pennybacker, speght Turney, Westcott and Yulee-l7
So the bill was not laid on the table.
Mr.. R. JOHNSON then moved, in order to
make the bill still more precise in the terms limiting
its operation to existing cases, to amend it by insert
ing in the first section the words snow existing"
This amendment also agreed to; and the
amendments concurred in, and the question about
to be taken on ordering the bill, amended, to be
engrossed for athird reading; when
Mr.. CALHOUN rose and said that he had no
doubt some measure Of relief should be adopted
but he could not bring his mind to agree that that
| contemplated in the bill was the best He objected
in the first place, to the board. He had had some
little experience with regard 10 the working OF
"boards," when in the War Department and the
State Department. In his opinion, they were most
inefficient and irresponsible bodies. IL was rarely
possible to get the members together, and when
they did meet, their action was very ineff.
| cent. There was in almost all cases a sense OF
responsibility which entirely prevented profit
| able and efficient action. He would infinitely
prefer giving this power to the Commissioner
Of the Land Office with instructions to report
the cases to Congress by classes, stating the
| reasons for allowance on the contrary. The
commissioner was responsible officer He had ac-
cess to the opinions fthe Secretary the Treasury
and the Attorney General. He was sure that in
that way far less of the time of the commissioner
would be consumed than by the other mode, and
| at the time the work would be done in
a much more satisfactory manner Further, he
objected, because this seemed to be the commence.
ment Of very dangerous principle; and there was
| not which had been urged in favor OF
the bill by its friends, which could not, with an
equal show of proprety, be urged in favor of any
| case or claim upon the government; and he did not
| think that the qualifying words inserted by the
senator from Maryland would have much effect
He did not know one rule in equity in the courts OF