The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-30
CONGRESSIONAL.
aEMAhKs OF mn. DEsros,

ury "a, 1891 -
Mr BENTON said: Mr. President, when The blI Of
,he senator from Caitofnia, Mr Gws,l on Which re-
por, has been made hy the Committee on he Judiciary
was before The Senate showed that II was unfortunate
an lis provisions. and equivalent 10 genera eoha
calon OF the LANDS Of tie ui settlers 0. California
pointed many instances oi ne INJURIOUS operation
of that bill that the author OF u himself moved 70 refer
II Ia 4 commdee, and according 10 The modern fashion
in This chamber, with hieh encomium or the distia-
gu,6td" comnlttte, 10 winch u went lhat commltee
was The Committee on the Jidica'y Heretofore and Tor
tortysx ypafs bills Oi TINS Kind have gone 10 the Com
m tee on Public Lands, wbch studied the subject And
now Tor the first N nearly hall century here is
bill lakenaway from The Committee on Pubic Lands and
sent The judiciary COMMITTEE and II Will be my busi-
aess show that ha, committee has been most unoIn-
nate deporably and calamously unfortunate. IN Their
substitute bill reported by ihe senator from Georgia, Mn
BlRRIEN shall undertake 10 show that wherein The
original bll which sent 10 them faulty and bad
he, made worse wherein il good, they have
omitted II, aud wherein il was neither good nor bad,
,hey have org nailed something worse than
dreamed o before. These woris they
az tbngs-things upon which 10 have the judg
meat OF The American Senate. shall institute war OF
detail upon THIS bill shall not engage general dis
cnss,on of IL; have nothing 10 do with declaration
alon such SUBJECT as Tins; but shall pick the pro-
VISIONS OF this bull one by one and put The sword to
them 10 shall move 10 strike out aud move u
until have laid open the whole operation OF this
lu,iieiary substitute from begianng 70 end.
there is nothing like il in The civilized world and
wl begin al once 10 verify llilie OF what say for it
Is ~ which won ought TO be economical and
facts produced
premise Wnat nave show by that do
noi know hat the bill OF the Judiciary Committee
with all the alterations which have been made day
upon the motion Ot the senator from Georgia He
long list Of alterations with which my memory could
not keep np. But The part which | strike at believe
has been unaered, and therefore il sufficient pro-
eeed upon prt sent, and will examine The rest as come
| u them.
The reporter Of The bill from the Judiciary Committee
has made many alterations to-day that cannot now
e how the bill reads The from Georgia "a vs.
these amendments are all verbal" Very good, New
Ii. tuf in And, tuf
bu, word Fe,bum means word, and from that
the whole family OF derivatives: verbal. verbally,
verbose yeFbosy, vefbage, verbatim, and orth and
80 orih and hey all 90 up to the primitive meaning,
and have rebum ior their father and all signify words
No hat the senator's verbal alteraons-and their
would seem TO be egoa-are all alterations OF words
wordy alterations. And in law words things, and
lake give ie liberty, and property The senator has
ony altered words. and that Is exactly what fixes my
! lenlon. The alteration OF a word alters whole sen
tence and consequently whole law. But OF tins here
alter Sufficient Tor The time rs The evil of the time
There part wh ca has moi been altered, and upon
that can proceed la tie thirteenth section, under the
head OF "P'ouidsi ciCass," there Is provision
That II the tile o ihe eslman sach lands shall be
contested by any olhef person. sha and may be lawln
for such 20 die peion IN the district
Un,d States ios The disnct IN which the lands
at d, plainly aud distinctly setting forth his title thereto
AID praying he ssia eoaft hear aud deermtne
sanea eopy o which petition shat be upon the sd
verse pafy ihy days before TIE meeting oi the
which u .s ,.,ntn.Dls aud The Subsequent proceed ns
thereon stan be The same as IN he other cti oaes
pick out that proviso and pre- il TO the Senate as
proposed enactment without parallel in tie history OF
civilized legislation What is Il. srl Ii is suit upon
snlt-sus within suits-a mountain aud a labyrinh Of
sulls. These persons who CLAIM lands have been pre-
viously-n the preceding section OF the senator's bill
required to come into court upon thirty days notice
make good their claims agains, the UDiied States and
aer beng required 10 do this they required
come back into court upon another thirty days notice
and another and another and another, long any.
body chooses To serve no'ceslo make good their claim
against all the world esdes Every sluaef every specu.
ator, every ndshaIk IN the country thus authorized
10 serve noces-thIIiy days noices-upoh the old
tiers. lake them away their crops, bring them back
toto court, and then 60 IN upon them and commence
work. Each may aege title. HE his claim, and de-
mand tnal; and as many please thls. Here
double enormliy IN The perverslon Of he object OF
the law, IN multiplicity oil actlons and in the confusion
OF proceedings Every ae upon this subject passed
OF before proposed he passed, for single
and special purposethat OF deciding question OF the
primary disposition OF the so-decidDg whether the
sovereign had ever parted with it-a inquston to
mud out TACT, and not to try titles between individuals
ms Is The whole extent object. aud scope OF every law
ever before passed, ATTEMPTED 10 be passed, this
subject Now for The irst lime, 10 have eject
nenis and uespasses between individuals Try titles be-
tween individuals; at The sane ime rigorous sci Of
ehacments Tor the purpose OF deciding whether the
oahish or Mexican government bad parted with their
ute TO this land and over and above that. the whole
world invited 10 come IN and attack the same party
mus producing suits upon suissniis within suits. And
Whee ls lhe limit 10 'beir number do not undertake
10 say now many squaiies there upon OF these
large CLAIMS but ~ The OF Suffer believe they
/
py 'ns OIL every one OF them will have The right 10
ho that court and try his claim the same ime--,he
sus all gong on iogsher No words can be larger than
those used none be latudinous or open the
door 10 greater litigation. Contested is the word The
pov'-o provides for contest II says;
Prordsd atras. That IL the iite Of the olana NJ 10
'uch lands staI' be eonfeHed BY ary oih0 p,rsor"
Contested" sir--a word Of almost universal applca
ion and one that will apply a fs,icuf, or To fight
win knlves-to contention of any kind term not
known to the law and for The first time introduced into
any proposed statute. The law knows OF NJ such thing
as allowing people who merely contest 10 come for
ward and attack the title OF another. He must have
clam before he can do that And who is TO contest r.
Any o,oer person." says the ball So there is no lini
htan; the whole world can come in and attack the
rghs OF settler when be has been brought up upon
these thirty days notices, TO coiend for his lands
he whole power ot the United States Ted with their
Attorney aud tried by iherow Judges When he comes
N That way, he hnds himself attacked in flank and in
ear-boh Hanks and front and rear-hrst By the United
oses IN us sovereign capacity, and Then by all
ana goers besides Sr. there not upon the face OF
oods earth, IN civilized legislation. case in which the
nea thrown open for any body that ps come in
anu aHaeK man when he is upon trial in court Such
hlgs are not allowed IN any sort OF Contest whether
contest al law or contest with the FIST or cudae When
men are engaged N combat, If another comes 10 to Join
que o me parties 1t j. considered foul play. and any
generous hearted maa round a. ou, i'll take stick and
Knock the in'cropng fellow down No one would he
anoWeu 20 interfere, even IN dog fight. There
some wild beasts Of which mu,iudes will attack one
ous mee are no people that allow multitude o
Jump upon another person his property at the
ume. 80 IN law. The law abominates barrairy and
,oarrary, which srs up suits, and champerty
which divides the plunder.
ihe section goes on TO say
shall and be lawful for sneh person file petit
o.