Weekly national intelligencer., 1851-02-08

The amendment the amendment vas mt .oreed "a
wi. DLnuEN. will now, with the view of accom-
pushing ne OBJECT submit the mdicaon which suggest
cd 10 the amendment, which is in these words: So :"
Aad the court shall be satisfied that the party desiring
aiIowd ;,h"n, ss such security, the appeal may be
! The amendment the amendment was go, \, 49,
being on division 20 ayes and IL noes.
Mr.. BENTON. N We are ins,hu,ins suit. ag,;os, III
~noe community how many say, but no, less
nan several thousands. These all have rec trial.
and all OF them will carry their along with hem
now stands these costs will fall upon the country and suo
posing there are several thousand SUITS that some Of
hese suits shall 80 through three trials and some two trials
and all Of them though ONE and that these trials shall be-
wneresoevet those who conduct hemor that will be the
iact the President will have nothing do with IT, except as
uPonmay choose to bring these people any
where IN the whole State of Calrna ii evident
that we are imposing upon the country tax Of several mil
i lions Of dollars
the Senate will bring themselves to think shout the ex-
Pense OF lawsuits in any country aud especially n ha. coun
% leave the lawyers fees aud take only those which
VIII accrue ~ the courts and those which will be collected
upon execufoni suppose may safely say that by this
n we impose ax Of several millions of dollars upon the
cen population OF California. II il upon trial be-
tween Individuals he who fails will have TO pay tbs costs
but this is ial between The Government on one side and
the people on the other Government makes the law and
emps itself from taxes takes chance get ihe land and
i the suit tSa llN ~ Nh .ES
III said that this bin /. partition; tina. all which
wanted Is to find out what pats srou nd what is
public ground Now ever csse f persons carry
ing on proceedings in partition before in wKh both sides did
not pay the COSTS Ift fair and equitable proceeding to
is the throughout the world IT. lep this system Of
suing be, what is said be, proceeding find out
the private claims and to make division Of the land upon
that principle both parties bound 10 pay, and bound
divide the costs between them II is only spproach
wards that principle that here submit amendment that
the United States shall pay its ia conducting all
these cases a'ffelitt 9a' l a 44., .sfitfl t rf
then go on further to make provision, which is known,
believe. to all systems Of Jurisprudence, unet is this
in which the United States suing the snt population
for their lands The system is that be who has wrong
fully harassed at law shall back his any
There other things which be back the
large fee he has paid his lawyer be recovered and he
the lime which he has lost i'm defending his
suit the loss in his and nlee while hang
ing upon the laws delay and there is something clse the
agony which he undergoes during the time that his property
s at stake in litigation. These things he recovered
backs and in all systems Of jurisprudence, where the party
shows at The end OF the trial that he has been wrongfuy
sued and wronguly harassd he gets least what law
casfu COSTS Therefore, submit this amend ment to the
nate, and desire the sense Of the Senate uponit ia
MI. BBRRIEN. Mr.. President il is . MISREPRESENTATION,
think to suppose that the United States is nstutng
suits against the people of Csfonis The United States
has acquired the territory Of California subject the private
claims Of individuals who have titles any portion Of the
lands We providing by this bill mode by which these
persons may before judicial tribunal and ascertain and
prove their claims It is the individual claimants therefore,
and not the United Sates who in this natter
The United States act defensivey. Now sir the rule
the courts but Of justice that the party failing in the i
CATION shall be responsible for the Congress took
different view Of this matter In the earlier history Of egis
aion this subject They dealt les literally with claim
ants than they disposed do this day for in regard
to Missouri they provided that where decision
favor Of the claimant he should be liable to the But
the provision Of the act of 1884, II regarded the Fords
claims repealed, and twas proved thai the costs should
abide the decision of the suit That is the effect and opera
ton Of the bill The provision that the party against whom
the Judgment Of the district shall be rendered. be the
- Al 49,
cury for costs thereafter sccrue, well those which
have accrued Under the operation Of this bill the principle
will be carried out that the party who has made claim
sustained by the judgment the shall pay Of
the proceedings which, bis instances have been thus
improperly originated The provision that the United States
shall these costs s not necessary The United Saes
well as the other party, by the provisions OF this BILL will
abide the Of the suit The provision that the claimant
shall full the effect of which do un-
desand The which will have accrued in the district
and supreme courts provided for by the BILL They will
be the whole and these full made under the
provisions of this bill to abide the ultimate decision Of the
district supreme court the final decision may be either
the the other Il to that the amendmen. is
Mr.. FOOTE I wish to submit brief remark as after
what has been said by the honorable Senator from Georgia
unnecessary discuss this subject length But must
say, for one that represent body Of constituency spe
cay interested concerned in the settlement Of this land
question, and am not willing to tax them all for the pur-
pose of deying the expenses Of litigation in which they
are not individually Interested The persons who ndi
Of litigation should fall and they very well afford pay
the incurred in consequences Of the investigation Of
matter in which they alone interested. - a.a,
The question being taken upon division, there ayes
| 10, noes 25. .fap N3 81 i5ssts ga5s4 VT, Fl s.
So the amendment to the amendment was not agreed to-
| Mr. BERRIEN. The fourteenth section of the bill re-
TO town LOTS farm lots and pasture lots held under
grant from the corporation Of any city, town, village 1t
adopted the representation that certain grants for
the purpose of establishing ccs towns villages had been
made by the Spanish Mexican Governments which gave
to the corporate authorities the power grant lots to in
divdua II provides that those corporate authorities may
ntepose the claims before the commissioners instead Of
vdes, ALSO that the existence Of such city, town. village,
fornia, shall be prima face evidence Of q grant,
The bill provided the case according the actual state of
our information at the time it was drawn up II has been
subsequently suggested that there towns California
which not in existence that time 9Th July, 1862
ber Of inhabitants Sacramento, believe instance Of
that 1t has been established since the 7h July 1885, and
contains multitude Of inhabitants
To relieve the inhabitants Of such towns from the necessity
Of ntepong their individual caima propose submit
amendment by which the provisions Of this section far
they authorize the nterposon Of claims BY the corporate
thories Of cities, towns villages shall be extended
those Cities towns, villages which have been established
subsequently to the 7h July, ls46, but extend
them the provision regard the existence Of the
this time as pri@a Jacic evidence Of grant. y,
The amendment will in the end Of the 18th Sec
ton, and is as follows ssa ea,s lr
"And where any city town, village shall beu
the time Of the passing Of this act the claim the land