The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-29

when examined il time ago, was perfectly salts
fled OF the Justice of the claim that all the facts
sustained and that according 10 law, the petitioner
entitled TO pension but that the Commissioner OF Pen
sions had power grant one The officer whose evil
dence required dead but his evidence sup
piled by that OF great many witnesses. "
Mr. HALE desired, that If there was any communi'
cation from the Commissioner OF Pensions it be read
The Clerk not being able 10 find the paper required,
Mr. HALE said: Then understand there is no such
communication.
Mr. JOHNSON. did not state positively, but said
that | presumed there such paper, far II has
been uniformly the that the Commissioner APP
piled to for information. At all events whether there
is such communication or not, the proof is sufficient
that the individual is entitled to pension.
Mr. KING. Do | understand The senator that there
has been no such communication
Mr. JOHNSON | said it was rule with the Com
mittee Pensions to ask Tor H. and presumed that they
had done SO In this
Mr. KING | think, then, the bill had better lie over
Mr. JOHNSON In this manner, business is put of
time after time, and is disposed Of The bill has
already passed the House of Representatives, where
very lengthy report was made referring TO all the evil
dence, and showing that the individual clearly
merorious from the fact of his having caused the cap
ure of two OF the enemy and that he had been wounded
and made an invalid for life
Mr. KING. | cannot but admire the zeal, sir, with
which my honorable friend advocates every he
undertakes TO sustain But sir. | think he should
not charge us with attempting to ,put of unneces-
sarly the consideration of the bill before The chair
man of the Committee Pensions is not able TO tell
whether any communication has been had from the Pen
is usual in such cases This may be very meritorous
case, and the individual may be fairly entitled 10 reward
for gallant services; but in all cases we should be gov
erned by certain rules, unless II is most extraordinary
such 10 put all rules at defiance. Now, sir,
while am always ready and willing TO vote for pen
sion for every soldier who has served his country faith
fully, and who from any has been deprived of that
bounty which IN similar circumstances would be ex-
tended to others, am not prepared, sir to vote for such
pension without trst asceainlng whether the n1yd
ua applicant has applied TO the Pension Office, and the
reasons why he failed to obtain his pension there When
that information is afforded, sir, shall be prepared to
Mr. JOHNSON If further information is required
am willing the bill should lie over.
The further consideration of the bill was then post
poned until tomorrow.
JESSE ToLER.
The Senate resumed the consideration of the bill for
the relief of Jesse Toer reported at the last session of
Congress by Mr.. BREEsE, from the Committee on Pub
lie Lands
Mr. BREESE stated, that since the bill was reported
general law had been passed covering the present
case, and all others of similar characters he therefore
moved that the further consideration OF the bill be post
poned Indefinitely; which motion was agreed to.
PENRoD.
The Senate proceeded to the consideration of the bill
for the relief OF David Penrod; when
Mr. BREESE stated that the bill was the in
and he therefore moved that its further consideration
should be postponed indefinitely; which motion was
agreedo.
ANTHONY
ne SENATE proceeded as In committee OF the UiOe 10
the consideration of the House bill for the relief of An
ihony Bessee, reported from the Committee on Private
Land Claims.
No amendment being offered, the bill was reported to
the Senate, ordered to third realing, and subse
queny read third time by unanimous CONSENT and
passed.
ELIZABETH BURRIss.
The Senate proceeded TO the consideration Of the House
bill TO confirm Elizabeth Burss, her heirs assigns,
in their title tract of land, reported from the Com
mitee on Private Land Claims
The bill having been amended, was reported TO the
Senate, when the amendment was concurreG In, tile BILL
was ordered to third reading, and was subsequently
read third time by unanimous consent and passed.
JAMES b. DAVENPORT.
The Senate as in committee of the WHOLE proceeded
TO the consideration of the House bill for the relief of
lanes B. Davenport, reported from the Committee on
Mr. BRADBURY called for the reading of the report
accompanying the bill and It was read
Mr.. KING. | believe, Mr.. President, that few
words necessary upon this ease Senators take it
for granted that when case has been reported upon by
committee there is end of the investigation, and the
confirming this claim appears 10 me that there could be
possible objection to delay nasmuch the claimants
have Authorized suit 10 be Brought against the u States
for the adjudication Of this very large and not yet decided
claim. And in the mean time are going to give away
the land before it has been decided by the official tr
bunas of the country to whom ii beIonss-whetherlo us
or to the claimants Until that decision is made, it
appears 10 me that looking at the interests OF individuals
we should take action upon the subject but leave to
the decSOn OF The courts OF the country. w men tncy
have decided upon this individuals claim, then, if it is
decided against them, would be question how far we
should exercise our lberality This seems to me alto
ge,her premature have, however, very little expecta
lion that what say will have any great influence IN de-
Gliding the course to be pursued.
Mr.. DOWNS, Ii am acquainted with the facts in
this ease is not new Questions presented now Tor the
first time This very question presented many years
ago, in this very place. The question had not then
come before the court Some seven or eight years ago
Congress decided that such claims, where the claimant
proved bona fde settlement, thirty forty years before
they would confirm their title.
Again, at the last session case very similar to hls
after having passed readily through the House of Repre-
sentatives, up to the Senate and passed So
then, think that III matter small as hls-and where
at least the evidence strong it is in this caseob
lection ought not TO be made.
But would state now Mr. President, that the ques-
ton settled ulciay. Since this report made
in the House. another claim brought by another party
for similar grant, the district of the United States
in Louisiana have decided that the grant good one
In this decision them brought by another party, trial
had upon all the facts and the court decided that the
grant good; and think that in such case as this
in petition for grant OF small tract of land, which
has been in the possession OF the party and his ancestors
for more than forty years, we ought to grantu.
Mr.. DAVIS OF Massachusetts,. ! do not know that
understand the honorable gentleman from Louisiana
but il do il is the best why the bill should not
pass Here is judicial decision as understand it, that
the grant is valid, giving good title to those who pos
sess it. Now what does this bill propose 1t proposes
take piece of another mans land, and give IL TO this
individual by the act of the United States understand
the gentleman to say that the has decided the grant
to be valid.
Mr. DOWNS. If the gentleman will allow me, will
explain what said, said that the court had decided
that in the of another pary-tha Is, The city of