The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-05

Mr.. FREMONT That bill comes before the Senate
litde crippled X makes part OF system 10 which th
b soashs a bill % establish recorder re
10 he decisions Of the supsne Courts and to the aua
ions which makes decsyn ii favor Of the claimant b,
the commissioners in The Hrs place, fna against the Uni
ted States The other provision makes decision IN h
district court in favor OF the claimant also na agalns
the United States These provisions introduced fo
two reasons hrst 10 quiet the country and 10 con
Su,s e y geas hs
the arbltra!ors Of the United States. ought TO be ns
agansthe United States The people ought not be KEEP
hs S aa he
Mr. EWING. I think, Mr. President, we ought, in
land titles Appoint comni issioners; let them decide
upon the case. Direct the district attorney to attend Il
the cases before the commissioners II in his judgment
the decision is right, let there be appeal Ii he think
the decision s wrong, lei him take the appeal, which sha
Be allowed to go to the Supreme Court and be decided
think for this There many Of these titles
there may be half dozen titles found there each o
which may be worth more than million dollars II Il
is too much to be finally settled by the decision OF COM
missioner or commissioners II ought 10 be settled in
cut OF justice, before regular court where the
for tne public may whether the decisions right
Or wrong. andtna the case s properly conducted With
ont doubling thai the commissioners would do all that is
rSh one thing know the public would not place The
confidence IN them that they do 70 our ordinary bunals
therefore OF opinion with the senator from Califor-
MIA, who sits me, lMr, GwiE,1 taat we ought to
naye appeal IN all above gwen sun in value.
wsa5 Ok ss wos a. Ss Sd
settled between ihe members oi California have had
some consultation with them and il this be inserted Or
II this question be settled in any FORM it puts an end to
all difficulty, and the bill be Immediately framed and
passed am in favor Of an amendment which will allow
In the first place. however Twill move another amend
ment in the first section OF the bill move to amend the
first section, BY striking out, after the word 'shal" in
the 7th line, the following words: t
Sit annually years the following places to
VT: a. Los Angeles on the rst Monday in February z,
rs. Mondsy IN August, Al saeramea.o % e frs. Monday
1 Der II
And inserting in lieu thereof the following
~ Hold the sessions sch times and places the pes
deit oi the United States shalt direct" att.s6
l So that the section would read if amended as fol-
low.
BE enacted &C. That for the purpose Of a,eertanins
three connssoners shah be appointed by the President.
by and with the advice and consent o the Senate, who
shall hold their sessions such Tins and places the Pres
ident OF the United States shall direct" ii .h6
| Mr.. BENTON. That is a small amendment; but the
senator from Ohio having given his general view OF
what the nature of the bill would be. and commencing
with what suppose to be series of amendments for the
1 purpose OF carr ying out his general idea
Mr EWING, This does not come 10 that question at
These amendments are agreed to BY the senators from
California, let the form be what it may.
Mr., BENTON. II makes no difference what they
agreed stand here for myself. and not for anybody
else. The senator from Ohio IMr. EwIk0l has made
known his principle. lie has commenced with amend
mens which TO be subordinate that principle and
to carry out disagree 10 bis principle, and the
sequence IS that expect to disagree to The subordinate
Here. Mr.. President win premise that the American
does what no other government upon the face
OF Gods earth does in civilized country at this day
The American government coming into possession
OF new county, no matter how old or how new, ar
raigns every title in the country assumes every title in
The country be invalid. and institutes state Of pro-
ceedings by which every man, without regard length
OF possession is to forward in court OF Justice
and make good his title or lose the whole. Sir, this is
not done in any part OF The civilized world at this
ment, but this time the conquered people remain un-
disturbed in the possession OF their homes Time was
when all the land OF conquered country was forfeited
and taken by the conqueror The conquest in England
by William OF Normandy was very different thing and
yet this policy may be traced back the seizures Of
the land from the people then made By the conqueror Ii
was cruel thing for the conqueror to take the lands Of
the people he did. think it still cruel TO take
the land. ol The people through the forms Of law and By
yalue give up half the value and finally, yielding 10
despair give up everything and perhaps hy the country
Missouri The government t Of ID the Uned States as s.
suned the nvaldity of every claim In the Stale, and
qned every TO be proved to be valid and undertook
10 specify cases in which the title should be null and
void, That was the language; but the court OF the United
States upon that declared that the Congress OF the United
States could not mean what they said they could no;
4
cause they had no power 10 do H. IL was legislative
authority and had power TO declare the title TO any
piece OF property whatsoever invalid; and they would
sume that the Congress OF the United States did not
what the wods imported, but merely meant that they
should be invalid before junsdction but that
title was 10 be destroyed because title could be do
soyed by act have The pogresso OF this
thing in Missouri, fhave the old settlers called
up before courts OF commissioners, and afterwards
courts Of justice, and afterwards brought up the su
preme courts OF The United States until many out
despair, sold their claims prices far below the value
many gave large proportions TO lawyers and many quit
the country, and OF 10 the Spanish JmlniJns, and
asked for IRISH lands What is now the State Of Texas
was settled precisely in this II settled by a
colony from the State OF Missouri then the Territory OF
Mssouri-settled BY with most OF whom the sena
and lowal were personally acquainted and they went
oil In masses TO the Spanish. domnions aud asked for
new lands, and received them 100000 acres We're given
TO Moses --- and his followers, ] have seen 10 the
last term OF the Supreme Court decisions in favor of
what are nomIDally called the old claimants; By which
decision, appreheod several millions OF property VIII be
gained IN the State OF Missouri; and yet these old claim
ants departed from il long since, account OF the ex
penses and delays, and uncertainties 10 which they would
be subjected in the American courts. Nomnay in favor
Of the old claimants, il in TACT in favor OF the as.
sgnees and this forty years and more than fory yeats
alter the lime ha, the United States hal acquired The
country
look upon H. then, Mr. President, as hardship-as
cruel hardship upon any people, either purchased or
conquered, 10 have the home Of every presumed 10
be held by fraudulent title, and held fraudulent until
the United States have adopted They Nave acted upon
II in Louisiana and Missouri TO the run OF most OF the
old inhabitants and now we propose to act upon anew
! IN California,