The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-01

Piled to they unjust have design of menacing
One nd vidual call the yeas and nays takes one
filth OF the Senate And it, particular times my man
ner little vehement do hope and pray that particu
lary the senator from Mssisspp will suppose
charge with attempt 10 or overawe gentle
Mr. FOOTE Will the honorable senator give way fo
one moment will say 10 him that my remark
general have made il very often and il has beer
made by otheIs upon this floor occasionally did no
intend TO apply ii to the honorable senator hose man
ner, thought, was mild and courteous; but conceiv
thai the practical effect Of The call is often evil hav
been very much annoyed myself by such repeated calls
not that wished to avoid any responsibility in voting
Iu. because DO think the effect will be rather to naT
The PRESIDENT. The Chair will state that the
question OF the yeas and nays is not the question before
Mr. BALDWIN regard this amendment confess
as an amendment of importance in this bill.
OF some Importance as it regards The quieude of The
titles OF the people OF California The object OF Con
gress in this bill, undoubtedly. is merely to sepa
rate the public domain from the private nterssls OF tn.
lnhsbitan.s OF California That s ALL lapprekend, that
Congress ought attempt TO do IT, pursuant to
the provisions OF this bill, without the amendment
offered for the consideration of the Senate upon the
mere hndng OF the commissioners in favor Of the title o
me CLAIMANT or alter waiting reasonable time tor some
other person 10 ntepose claim patent should be granted
by the government OF the United States may tend 10
embarrass, II not to destroy. the rights of individual
who may have better claim the patent than he who
appeared before the board of commissioners to assert his
claim AS has been already remarked by the senator
from Michigan, and by the senator from California him
self, all these titles probably imperfect titles They
are nchoae The legal lille remains in this government
But these titles are Of such character and founded
upon such considerations OF Justice existing anterior to
the ttie OF the United States that i is proper aud just
that the government Of the United States should not in.
sst upon It's legal title, upon lis right exact strict full
hlmen OF all the conditions that would be necessary
render perfect these nchoate titles Now then, if the
government OF the United States, choosing to waive
these rights, grants patent 10 the claimant, without ma
king that patent nure to the benefit of any other person
who may have better right claim to il than he who
appeared before the board OF commissioners, il may
affect injurously the rights OF persons who ought in JUS
tice to have the patent But say that the granting
OF this patent shall nure to the benefit of such person
persons as may have the better right as between them and
the patentee leave TO the tribunals of the State Of
California to decide between the litigatng parties who
should have the title and make patent nure to the
benefit OF him in whom ultimately established the right
deem the amendment an important one, and hope it will
prevail.
Mr.. BERRIEN. do not desire to occupy the time Of
the Senate except by brief remark. In my Judgment
this amendment is not only unnecessary, but may be in
furious. That ii is unnecessary think will be obvious
senators will consider the process which be gone
through before The emanatlon OF the patent Application
appeal 10 the district and Supreme Court of the United
States When that decision Of the Supreme Court OF the
United States shall be obtained which is the final decs
ion upon the claim the patent does not emaaaie mat
ter OF course The decision, by the provisions of law,
operates only IN favor OF the real of the property
The decision is only established between the United
States and the CLAIMANT that this portion OF the territory
is 10 be severed from the public domain. The question
OF individual right is left open But is desirable TO the
government tnat should De settled. III therefore n0
es, by the provso contained in the 18th section of this
BILL the parties proceed to the litigation Of the ques
ton OF private right in order that il may be decided be-
fore the patent issues.
Now sir, a claim may be presented in which legal
and equitable title is not vested The persons holding
that claim stand by If they please, and wait until the de-
eison OF the claim which has been brought before the
commissioners II that claim shall be decided favorably
the claimant, is ii to be imagined that the real
OF the property will stand by and allow the patent TO
nate, when this bill furnishes him the by which
he check IT. and have right decided advance,
and get the patent
Again. it is unnecessary because take i, for granted
that this principle well understood by all Thus will
be grant by the government, with no other consdera
lions than the funment OF the obligations imposed upon
him BY this act A gran, by the government upon the
sale OF lands would impose upon II the obligation, if the
title of those lands should have been PREVIOUSLY vested
in Others TO return TO the party the consideration to
make an equivalent grant OF lands, to make TO the
party indemnity which would be equal to the injury
he would sustain and such has been the common prac
uce OF Congress. But here isa grant made without an
equivalent. Now, a grant made by sovereign without
an equivalent dispaces no rights between individuals
There is no better established principle than that The
sovereign renqushes lis t,le and the grantee
ceyes the grant upon the footing upon which he before
held IT, That is his security; and IL quite much
cury any real OF the property could ask, who
has stood by and suffered another person 10 to the
pense and labor OF investigation before the commission
es, and before the district and supreme courts and has
then n,erposed 10 present his claim and prevent
the emanation OF the patent He stands upon the
prime pie that such grant by the sovereign dspaces
individual right Therefore II Is unnecessary, and may
be injurious Many OF these titles are nchoate The
effect OF the grant by the United States in general, ap
prehend, would be TO perfect these nchoae titles, be-
cause whatever rights result from the fact OF their being
inchoate belong TO the cedng government and
fered TO the government to which the cession is made
The effect of the paen therefore, would be TO convert
these nchoate titles into perfect titles Hence the
\ pre,y of issuing the patent.
! But have said the amendment may be injurious. III
The party who prefers this claim whose title you propose
protect has neglected during the whole process OF in
vesea,on before three distinct tribunals 10 present his
CLAIM, and has neglected also to give notice of his claim
to the Commissioner OF the General Land Office, through
the medium OF the petition herein required TO be fled
you hold out inducemen 10 him to cast slur upon
the title OF the patenee, by inserting the words which
proposed IN this amendment You dsparage the title OF
the pateptee by that insertion; you invite 10 litigation
by such insertion In my view, therefore, sir ii is not
only for the reasons have stated and which
have been stated by the honorable senator from North
Carolina but it may have the injurious effect to tend to
produce gaton while the purpose o this bill IS TO avoid
| n
| Mr. BENTON. All this time which has been lost to.
day. and all that lost yesterday, has arisen from the
fact that the Committee the Judiciary did not adopt
that clause oil Mr.. FREMoST's bull TO which the
from Georgia argued yesterday that his assimlaed
He endeavored to bring the clause in his bill to
the same with Mr. FRrMoNTs clause; but after the great
alterations he made upon il, he still did not accomplish
/ it, Now if that committee had merely reported the 18Th
section OF Mr. FRKMoSrs bi there would no, have been
n moment lost in the Senate upon anything which has
! taken place thus FAR upon his bill There would not
have been moment lost upon Monday, yesterday, or
this day. Mr.. FRrMosr's bill reads thus
"sso l3 And be further snatief That the decisions in
favor OF claim shall IN all tnue the benefit o the
present lawful thereof but dersgnmen OF in
iermediae title need be proved but only alleged any
claiming adversely a apainst the
suance OF patent TO his prejudice until the contested right