The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-29
IN CONGRESS OF THE U. STATES,
MONDAY, JANUARY 81, 1851.
I'm CONTINUATION

LAND CLAIMS IN CALIFORNIA.

LAND CLAIMS IN CALIFORNIA. HJ
Mr. BENTON having addressed the Senate, (whose
remarks will appear to-mofTOw)--i SD
The question taken upon ordering the yeas and
nays upon the motion 10 amend, and they ordered
Mr. BERRlEN Mr.. President the general denanc
atoms OF this bull shall not reply 10. l perfectly
content TO rest The merits OF the Judiciary Committee
with which am associated upon the bill itself. In vn
dicating the principle OF the bill shall give the only
answer that propose 10 give TO these denuncations
Ia regard 10 the amendment which 10 proposed by the
senator from Missouri and which conemplates striking
the first proviso the thirteenth section OF the bill
body who reads that section would fail 10 be that
that notion If il could be entertained at ALL ought TO
embrace the whole OF the section. beginning at the first
provso; for there is second proviso in that section 80
intimately connected with the st that II that be stricken
out, the other would have nothing upon which 10 rest
| presume, therefore, that the motion has been made
without due consideration But the answer which have
to give to II sa very SIMPLE The object OF the gov
ernmeht in the first places Is to separate the public IRON
the private DOMAIN For that purpose il has organized
board OF commissioners, or rather proposes 10 organize
board OF commissioners. with right TO review BY The
district court and appeal to the Supreme Court OF the
United States. That is Tor the purpose OF separating the
public from the private domain.
Bat the bill and Congress have further object. II H.
to give peace to California It Is to settle the private land
claims in that Stale learn from various papers from
that State, which are sent TO me- that this subject Just
engosses and agitates the public mind in Cafor
MIA than any other. After having separated the
public from the private domain, there remains something
else be done 1t is ascetained that ac, OF and to
which claim has been nterposed is private popery-is
part of the public domain Well then, in order 10
the individual who entitled to that property in
the possession OF i, you must give him patent but you
must give that patent to the person who is really entitled
But, nasInuch The object OF the proceeding so
far il has gone merely separate the public from
the private domain following 10 the path which had been
traced by this govern in The other acqusionso ter
rory which she has made, It Is provided that u any
other person shall contest the title OF that claimant
whose title has not yet been decided IN the proceeding
bel ween him and the United Salesif any other person
shall the title OF that claimant, the patent shall
not be issued until certain proceedings shall be had
you leave the claimant, as ne Is LETT BY the inacon OF
the commissioner and the Supreme Court without pat.
ent, his title is not perfect You cannot give HIM that
which will perfect his title when another alleges claim
and proposes that il may be examined
Il Why, this provision was exactly in substance con-
tanned in the bill proposed by the absent senator from
California, Mr.. FREMoNT] That senator. IN the bill
which he prepared provided that il any other person
should aege a claim TO the land which had been
irmed he might fle cdUeat-that the expression
in that billand patent shall issue until that claim be
decided The provision OF the present bill therefore, ls
merely to provide mode in which the caueat provided
the bill OF the absent senator from California shall be
tried
II is said that we are violating the constitution Of the
United States by deciding upon private claims without
the intervention OF jury II would be extremely singu-
lar indeed, II TINS government IN the act OF 1924, and
other acts regard to the acquired from France
and from Spain, and il the Supreme Court OF the United
States acting upon the provisions OF these acts should
have been from that time to the present violating the pro-
vision Of the constitution which required trial BY Jury
But with great respect, there Is no foundation for this
suggestion. The commissioners are authorized 10 IN
qulre aud decide between the United States and
the claimants and that is the ultimate effect OF the de-
cisions upon The review by the district court, and
upon the decisions OF the SuAnpe Court, as be-
tween the original claimant aIla <he United States
No question OF private f.xh, ases mere Ihs supple
valid private claim which prevents this from beiag con-
sidered part OF the public domain but when the case
Of private right arlsea after the o. me Claim
has affirmed that this part oil the public domain
when third person asserts his individual title 10 the
property-hen Of private right arises, and then il
provided BY this Si that apqn s petition 70 o the dsc
What these proceedings! The party setting up This
title against the claimant whose instance the claim has
been confirmed files his petition there Is an answer gwen
to it, it is returned the district court and then, OF
course Jury will be empannelled, in other civil
cases, for the trial of this question OF Daeum and fuum
between these private claimants. The proceedings re-
peat before the commissioners are upon an appeal to
move trial from them. Here the trial between The
United States and the claimant endshere all further egs
ston precluded by the Intervention OF jury and the
proceedings between third persons claiming 10 have
The title order prevent the enanaton OF the patent
10 contest between indviduxlsa question of private
right be decided by that court in other civil cases
and then jury in,~rvsnes But il is said to be onerous
to subject this party to these multiplied Investigations
Why. SIR mast separate the pubic from the private
domain. How will you do nj What has been the policy
of this heretofore You recollect very well
in It's earliest stages that Congress unwilling 10 d.
vest themselves OF the power OF deciding this question
finally that all they did TO appoint boards OF com.
mss,oners who required to inquire into these titles
and report them Congress party not continued
in his lille uti pleased Congress by of legisla-
ton TO confirm his te. Why, sir 80 far from this beng
a resort TO the barbarous customs Of thousand years
past are walking in The steps which have been pre-
scribed 10 by gisati for the last forty
years We only liberal than Congress was
IN it's earlier stages tor IT will be Tecolected, when
the DELAYS which incident to that mode OF proceed
inv came be represented 10 Congress- they gave 10
these the right finally decide upon cases
not exceeding iesgne square perfectly remember,
air. that. in behalf OF the people OF Florida had to labor
from time get tor them the privilege of taking
that which is pronounced 10 be an act OF general
conhscation The Florida treaty was made in 1919 and
ratified by this government in 1921 and II was no,
until ls2s, after repeated applications upon the part
Of private claimants TO lands in Florida, tina, they
had the prvileae--it esteemed privIiege-of 20.
ing into the courts Of the Unned States and having
the party will be subjected, The party has inter.
posed his claim, which has been confirmed finally By
the commissioners, the district or Supreme Court the
may be- WE'LL then, according 10 the provisions oi
the bill he is entitled TO obtain patent upon producing
certificate oil this decree OF confirmation and survey
Of the land by the saveyor general But third person
ntervenes and he in the language Of the bill OF
cdpsss the emanaon OF the patent The senator from
Missouri Mr. bENToNl tells you that this IL throwing
open the claim 70 the whole wotldthat everybody may
in and take thcmhat every one might come in and
capea il il possible would IN and cavenf and
file These petitions without some e when the inevitable
consequences he subject them to The cost of such
proceeding What il the delay upon the petition be-
which he believes that the title 10 defective. ia author
lied to issue inunctoa. and transmit copy of hrs
order upon that to the Commissioner OF the General
Land Once, who rtops the emanaton Of the patent until
The decided, in other civil cases between The
parties Itigang Now. sur, the decree s made by the