The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-31

nsmsd-n which The idea Of recorder Of land titles !.
not even comwehended all laws for the REGISTRATION q
deeds, say they shall be forfeited, If not REGISTERED
within given tune The same applies TO me recorder
OF land titles But here total confusion ID tnis pill
universal conoundiny Of what applies 10 . Tribunal 10
Try land claims and Of lands The judiciary
COMMITTEES hes the othce OF recorder and the
But tLis = beginning al place where did want TO
b~xn o6sriax part Of the sublsc which did not wish
to ODER There will BE- proposition to establish re-
corder Of land titles, according TO The old practice. 10
which recorder Of land titles every person claiming lands
by perfect imperfect ,le is bound go and register
his lands upon the penalty OF losing them The com.
muniy have right 10 know what the ues and what
the claims OF The country The community have
senator from Ohio mr. EwIkGl is right IN bis general
idea that every must ny and record his title
he is wong in the application Of the idea. He applies
the board what is only applicable the recorder. This
recorder OF land titles is indispensable officer Every
nan must register his title with him pain OF forfeiture.
mat al titles and claims. good OF bad may be seen ny
the whole community He must do that and II he does
not do that he iorIes bis llle Bat all this doctrine is
here applied bill OF The most onerons exactoasa
bill to Wy his title instead OF only registering H.
Mr.. President, must say 10 The senator from South
Carolina. Mr. BUTLER. who spoke lew words on this
OCCASION that am sorry find he did not look into this
subject He says he let 4 TO those VINO nave been en-,
claims But he stated legal principle, that you cannot
dives these people of their rights that the courts will
secure them the end that there is such thing
by possibility as legslang away mans property in land
In all that he spoke like judge, like upright Judge
like learned Judge, but he did not speak as man
quaintsd with the way which the affairs of mankind
managed This bill subjects man to three trials for
his land, and rigorous conditions, and with forfeiture
if he does comply with all the conditions. and finally
coed II he fails IN any condition final success there
oreiture his lands have gone into the of nation
domain; they are surveyed as public property and
sold as public property, Now, how much Is the legal
right OF that man worlh How much is the eventual
security OF his property worth! What is the reversion
worth He has farm do not care whether II be large
or small; for that makes no sort of difference II it is
is SUuare--the
which allowed to be gfanted in California BY the col
onal aahortessuppose It IS declared to be public prop
section OF il, and the whole of there will be some
thousand people The party dispossessed holds the law
in his hand. which the judges will tell him in the end is
constitution of the United States, the treaty with Mex
co. He will be told that all these are absolute protec.
tons 10 his property SO The judges will tell him but
when will they tell him SOL AT the end OF what After
he has been subjected to trials and 10 harassng by
thousand people, who have established themselves upon
his grounds and who have bought their quarter sections
AT the end Of all the suits to which this will give rise
at the end of all the costs and expenses which will
suit in maintaining all these suits after all the agony
and feeling which will from j after all the loss OF
time, all the neglect OF business al! the of heart
which must result from many years OF struggling for
his property he is able TO work get up the Su
preme Court, the Supreme Court will tell him that all this
has been illegal, and that he is entitled to bis properly
But what is that worth What is the reversion OF such
title worth to him Them WHAT any mans land worth
to him after he has gone through such process to
it!
Sir when a man is armed with the power Of State to
and harass another man, that that is thus be
about laws abou, treaties! While that is all very nice
paper, il is nothing while the actuality gong
upon the grounds while the lawsuits going on while
the struggle Is going while years OF anguish roll
ing over, while boodshed is taking pacen respect to
these possessions. Sir, your constitution, your treaty,
your laws are all sleeping during that whole time while
the terrible and ruDous process is in the of prog
We must therefore act men, and not merely as
lawyers or judges We must see the practical operation
of this we must the ruinous consequences of
ing any part OF the community with the power 10 harass
md attack another part There will be found somebody
do it. The mass of the people will refuse to do it, be-
cause the great of and have feeling of equity
in them that will prevent them from attacking the prop
ery OF Others under the forms of law But there
men who will do it, who will go and attack the
claimants upon calculation deliberately made that they
will either law them them out OF Their lands and
either will answer their purposes. Are we to do wrong
that may get rghted after be is ruined' We
persons with the whole power OF The federal government
to haass and drag into court any claimant and then
TO The claimant. if he gets the upper hand Of you. if he
gets your property IN The two courts below why s
wrong, and the judges above will set it right What
that to him when his property has been destroyed swa
lowed up in expenses and his life worn out in
the act Of legislation which permits such thing be
done. Laws should quiet lawsuits and not nsigae
them. say. sir, it is wrong TO make law in the FIRST
instance oy which you endanger or haIass mans prop
The PRESIDENT. The Chair will be under the ne
cessty Of conhning senators more TO the amendmen,
WHICH " OetOIe tue Ctnac. Dtodle uAs pfOCeeOcd on
every part Of the bill except that under consideration
The question is the proposition Of the from
Georgia TO amend the first provso in the thirteenth sec
ton by nsertIng the words that have been read and
striking out The thirty second and thirty. third lines Is
the Senate ready for the qQeson
The question being thenSaken upon the amendments
moved BY MIR BERRIEs. they agreed to.
The question then REQUIRED upon the amendment moved
yesterday by Mr. BENTON, strike the provso thus
amended and being taken resulted yeas TO- nays 81
follows:
YEAS-Mess, Benton, Chase, Dodge Of Wisconsin
Dodge Of lows Jones, Prau, Rhett, Seward Soule and
Whisoomb-l0.
NAYS-Messrs. Achi,on, Badger Baldwin, Berrien
Boand, Bradbury Bright. Batef. Cas., Cooper, Davis
Of Massachusetts, DAwson, Dayton, Dickinson, Douglas
Downs Ewing, Fech Foote, Cwn, Hale, King, Mangum,
Mler MOTION, Norris Phelps, Rusk, Shields, SpIuance
Sturgeon, Turney, Underwood, Upham Wales. Walker,
and Winlhrop-U
So the motion to s,nke out the provso rejected
Mr.. BERRlEN moved to amend the second proviso OF
the thirteenth section to correspond with the amendments
already adopted IN the first provso which agreed to-
Dir. b. then moved TO add, at the end OF the section
the words or until sufficient time shall, in the opinion
OF the judge, have been allowed for obtaining the same
The amendment was agreed 10.
Mr.. WALKER moved to add at the end Of the section
the following proviso:
be ssasd the patent shall operate only
Of tho tiils Of the United States to the land patented
Mr.. HALE moved that the Senate adjourn.
Mr.. BENTON suggested that by giving him an oppor.
tuny to offer all his amendments and have them printed,
might be more convenient 10 the Senate than 10 have
them brought forward one by one.
The question being tax en- upon the motion 10 adjourn,