The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-07

for such appeal and that the party desiring 10 APP
peal Il unable 10 give such security inc appear may 'e
allowed without security
Now in regard 10 the which has beea suggested
by the senator from Kentucky, OF accidents hatpsnihs
which may prevent NE execution o. .ne sppa' oono
perfectly aware that ii any accident beyond The eonifo
OF the party, has prevented he execution Of the bond
within the lime, uton application 10 me court lhat Time
will be extended aud even alter lis expiration order
viii BE- made Tor leave 10 sign appeal bond So that
in fact. the difficulty does not exist,
tlust, for The reasons which have suggested, tbs
ame ndmeD Of The senator will not prevail Ii IL does
not / will then submit this amendment
Mr. UNDERWOOD. l shall make one or two re
marks only am disposed to deny the authority OF the
Judge, after the time Tor which the order is made has
pred 10 make any such additional order interfering with
the rights OF The parties as liked by the record think
cannot be legitimaely done.
In regard 10 the suggestion made that The writ of
limits the investigation by the Supreme Court 10 matters
OF law contradisngushed from matters OF TACT, and
that The appeal would reopen an Investigation OF the
case 10 matters OF TACT disposed TO diter IRON the
gentleman upon that subject Likewise: do not under
stand that. under the principles OF this BILL II any appeal
10 prosecuted to the Supreme Court the Supreme Court \
10 take new testimony | understand thai the Supreme
Court according 10 the provisions OF this bill IN the case
oil the prosecution OF appeal will be confined TO the ex
animation OF the facts certified by the inferior court upon
the record brought up WE'LL writ OF error has pre-
cisey thai effect, and nothing The court Will de-
eide both fact and law by the OF error upon the state
of the record brought up; aud nothing more than ha
be done under the provisions of this bill BY appeal
when il is brought up
The whole matter depends entirely upon question Of
time. That is the whole maer-whe,her you will con
hns the party 10 make bis election 10 prosecute The ap
whether you will give him Two or three years alter that
10 consider the deCee and then 10 choose whether he
will trouble the Supreme Court al all .
Mr. BERRlEN Itnlnk iris peculiarly unfortunate. 10
discussing question OF this sort That we shord de
10 the effect of leaving this to The Supreme Court
had really thought that the distinction between an aFIsa
and writ OF error which was recognised LIE
appeal brings up the law and evidence lhe supreme
Conn has In The exercise OF its discretion in peculiar
cases, q right TO take new testimony But, excluding
those peculiar appeal brings the Case up upon
the law aud The facts they were disclosed IN the tour
below. writ OF brings up The case only on thoe
legal questions which the party appealing shall present t.
the consideration of tile Supreme Court and any errors OF
judgment in relation 10 the fac.. aye enrely withdraw
IRON the supervising power OF the Sapreme Court tha'
have supposed 10 be settled mattel principle rec
ognised, at any raie By the Supreme Court
But is necessary 10 take The lime OF the Senate
further am content that the case Should lake any
which the Senate links proper Bal The 'hec %
allowing the amendment proposed by ,he senator ron
kenuck will be To deli at the object oi The bill without
accomplishing the object o tie senator
The ameninen, TO The amendment was not agreed 10
mir. bERR.EN. will now, with The view OF &C,
comldisiig tie utjtct, submit The mod hcahol when
suggested 10 The amendment.
Ii been suggested BY senator near me- that proba-
bly, the judge OF the district court ought no. 10 have the
appellate power OF determining upon the prorTety oil
appeal, since It would be appeal IRON his own de.
cls,on have therefore limited his exercise OF power
to the aSCeranment OF the idcl oil lnabiy Inc amend
ment will therefore be IN these words:
And II the court shall be satisfied that The party de-
string appeal unable 70 give .ach security Tue appeal
may be allowed without security
The amendment to the amendment agreed TO-
there being on division % ayes and III noes.
Mr.. BENTON | move 10 amend the bill by adding
At the end OF the 10Th section, the following words:
Sand the United States shall in all cases pay its own
costs and all in which the final judg ment shall
be in OF the claimant he shall recover ull costs "
We are insiu,ing suits against the whole community
how many say but not less than several thou
sand. These suits may all have three trials, and all OF
them will carry their costs along with them As the bill
star de-, these will fall upon the people OF Cali
fornia and supposng there are several thousand SUITS
and that OF these suits shall go through three trials,
and some two trials, and all OF them through one, and
that these trials shall be WHATSOEVER those VINO conduct
them-for that will be the fact; the President will have
nothing to do with it, except as operated upon-Inas
choose bring these people together, anywhere IN the
whole STATE OF California II must be evident that we are
imposing upon that country tax OF several millions OF
dollars
Ii the Senate will bring themselves to think about the
expense OF lawsuits in any country, and especially ~
that county, leave out the lawyers fees and take Only
those which will accrue in the court, and those who
will be collected upon execatlon-l suppose we may
safely say that by this bill we impose tax OF seye a
millions VI dollars upon the ancient population OF Cali
forna. ID il were trial between ind vilua-, he who
fails would have to pay the costs, bat ihs Is trial De
government the one side and The people OF
the other. Government makes the law and ekengi'
itself from its chance to get the land, auC
refuses undergo the Chance OF having TO pay the taxes
OF the suit
II Is rarl that this hill is partition; that ht
United States patoung, aud all they want ~ 10 nt
out what is private ground and what Is public ground
Now was there ever OF persons Carrying pro
ceednxs in partition before in which both sides did no
Ray the COSTS II IS fair and equitable proceeding
divide the property the costs pail BY both parties
That 10 the throughout the world. ", hen TIM
system Of suing Is 10 benhat IL IS said 10 bea proceed
ng to find the prvae lands and TO make DIVISION
the land upon thai principle both parties bound it
pay. They bound TO divide the costs between Them
1t 10 only 10 approach towards that principle that her
submit endneni that the United States shall pay IT
costs ia conducting all these suits against the PEG
pie.
| then GO on further TO make provision which il
known beiieve all systems OF jurisprudence Jules
IL this in which the United States SUING the
population Tor their lands Tne system Is, that hI
who has been wrongfny harassed at law shall Tecoye
back his costs Iae There are other things whcf
he cannot recover back The large fee he has paid Ia,
lawyer cannot be recovered, and he tn,
time which he has lost in defending his suit the loss ~
his and Interests wnle hanging upon tic
laws delay; and there is something else which he canao
recover-the agony which he tgoes during the lime
that his property al stake IN litigation. These thing
cannot be recovered back and in all s. stems OF Jurs
prudence where the party shows The end of the tria
that he has been wrongiuly sued and wrongiully
haraasxd, he gets least what the law calls u eo,io
and that IL what provide Tor here. Therefore submit
this 10 the Senate and desie the sense OF the
Senate upon II,
Mr. BERRlEN. Mr.. President, il il misapprehen
siop "A think. suppose that the United States " 10
s,itu,nx suits asans the people OF California The un'
ted States acquired the territory OF Caliorn, SUB
jec 10 The private claims OF Individuals who have tues
10 any portion The lands We a'e providing ny TINS
1..IaN