The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-11


the law puts into his hands II is in vain to say this
We know the nature OF all tribunals and OF all lawyers
TO work up 10 the full extent all the power which
the legislature gives them and often tnsy may 80 beyond
sloners will NOT deal harshy towards the lahdhodes OF
| The country, No one say so. We cannot shelter
ourselves, while passing law of universal and disas
trous application by saying ourselves that those who
are 10 administer il will be more considerae than we
are, and will not exercise the terrible powers with which
we invest them We cannot say IT. and II we DO say IT.
is contrary to human natore, and to the nature OF
lawyers and courts 10 suppose that will be So but
whether II ,s 80 or not the ruin ana mlscnel ,t 70
immateriai whether this prosecuting attorney and
these commissioners shall or shall not execute this
terrible inqnisltion with Judgment and mercy During
the whole time the operation is going danger is i'm
pending; during the whole time that cases are before
them the country must be in state OF alarm Every
man whose claim is before themand they are TO be all
who claim land-will be sick at his heart and incapable
of attending to any business and in despair will be
ready sell out his claim TO those who will undertake. to
defend it.
The danger is in passing such law The disaster is
in giving such power any one. The evil is IN putting
i in the power Of any So Of any se. o. % men, 70 go INTO
keep them in alarm for an indefinite length OF time IN
regard the ground which their houses stand There
is evil in alarming the country; for cannot repeat too
often that the brave men and the timd all
equality when it to- alarming them about their
property. Ii is in which courage avas nothing
Every under such circumstances becomes tnid and
while the danger continues is ready to compromise his
rights, sell them. or make great sacrifices 70 defend lhem
e the terror which y ms sou
what prevails in other OF appeals and IN other
Of wrs Of the greater part OF which there
has to be an assignment Of errors ana thai q
errors be examined by authority before the writ
of is allowed Here there s to be no assignment
of errors there is to be no statement OF any wrong IN
the decision which the commissioners have made, or the
court has made-nolhing to warn the claimant; but
merely upon voonupon the will OF the attorney VINO
may be employed-upon his will and pleasure, without
letting the party know what is the objection to their
in California, and after that three thousand miles
the continent to the Supreme Court OF The United
States.
think | have now produced enough to show the
operation Of the senator's bill and that If II goes INTO e
tect will be equivalent 10 general conhscaton OF the
landed titles OF The country; IT will alarm the whoie
country, and prevent the people from cultvatng next
year that it will involve them in ruinous expenses
Se value Of the g9ound in thai there is
example Of any such thing to De found IN any country IN
the world up to this time. z...4 -
ale 10 treat perfect and imperfect titles precisely alike
There is example Of any board OF commissioners IN
which lawyer is to appear on the part Of the United
provisions OF the bill such as may be disastrous IN
ihe application 10 the country here by special enact
b. inls which have read to-day, the mites may De ior
feied if the party is vigiant enough TO keep an
unceasng watch upon the proceedings OF the comnls.
and of the to detect the day when decision
goes against him, and be ready within the limited me 10
file his petition. s, 80
The senator from California referred TO his 10th section
for the purpose Of showing that his bill is more liberal
TO The inhabitants Of towns and villages than CONSIDER
Ia apprebend that When be 10 read that section
he will find no such thing there. The 10th section OF his
bill says:
Ii shall be the duty board ascertain and report
TO the Secretary OF lurror the nature OF the claims ia
ios Other laads ary ,.ea there os "of en- o'aesa os
the foregoing prorisao"s fthi' act 8 .lG &
That is the qual6cadon-"if il any such there be. nc,
embraced by the foregoing provisions OF this ac That
takes ALL There is nothing left out for the very es'
clause takes in every person and the same sec1 on
takes in every :" caim' OF every DESCRIPTION. u ne
foregoing provisions of this act embraced every de-
scrption o person and every distinction oil claim, and
when all is taken, nothing is left. IL was therefore
well said a.y such there be- nof embraced IN .ne
savinga saving Of no,hingtor turns out that there
none such the previous clauses OF the bull take IN
all Unless such provision as make for these towns
and villages adopted. have the people before
the board Of commissioners and from there TO the DIS
ct courts and they may be brought here to this Gy 70
defend their in the Supreme Court OF the United
States for little parcels Of land twenty or thirty varas
square, which could be bought for hen and chicken at
the time they given to thtm and which they were
M President, in the laws which we passed for the
sctternen, OF claims in Upper Louisiana, we made a
special enactment in favor OF towns cities villages and
their n-lots, out-o,s. and commons There was a
special law in their favor by which the whole OF the m
were confirmed TO the inhabitants, without requiring
any confirmation from any authority whatsoever II
was in 1879 that this done in Upper Louisiana, now
Missouri a st -
Here Mr. B. read the of 1912 confirming TO the in
and in Arkansas their house-los, their ouots their
common held-lots and their rights OF common
| have copied IN section OF the Dill which have
Offered 10 the Senaieihe 5th secuonthe substance OF
this act Il was passed for the purpose OF securing 10 the
bitans of and villages their titles, for the pur-
pose Of saving these people from the necessity OF ap
pearng before commissioners or courts to defend their
little lots OF thirty forty yards square For the pur
pose OF saving all this the former law, and especially
that which related 70 the then Territory of Missouri,
special one in behalf of these inhabitants OF towns and
villages II benehcent act, and absolutely essen
t the quiet of these towns and villages, and gave
them peace and security; and clam the benefit OF is
provisions for old inhabitants of California, and with
stronger reason for they had absolute grant OF four
| leagues square in all cases-more, perhaps, in some
II is precisely in accordance with that law that have
tce fro the hands OF the senator from California, and
which will show, when come to look at Il, he never
could have read otherwise he could not have fallen into
the large mistakes TO which he gave 80 much emphasis
on yesterday. ,
But it precisely IN accordancs with that act OF
1912 that drew the section OF my BILL upon which the
senator from California has commented 40 much II s
the fifth section OF my bill
/" That the quantity OF four common leagues, measured
the OF the city, pueblo, two leagues
in direction. shall be confirmed to all such towns
cities and pueblos.'
The senator took two exceptions 10 thas section Of my
bill and of them thai tho bill made no excep-
ton favor Of existing CLAIMS This will show that
he could have read it Otherwise, he could have
said that for in the seventh line of that section il
TO say: eII fNri -qtf*t.H
the parts n any, the municipal auhori
Foh be required for military