The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06


and win be three years beoEs il 10 decided in
the Supreme Court OF the United States The object is to
s%sd Y au s"d ana % &c, U,
vides for an Injunction 10 be obtained upon pss0n the
district judge and provides for this summary remedy
orcble entry and detaner, and for proceedings n behalf
OF the claimant for trespAss or ejecirnent.
Now. SIR all know tha, the party can maintain his
action upon his general possession and upon his grant;
the examination OF the itself Ii will 20 through the
district and come up TO The Supreme Court. and
will last precisely long the examination OF The
continues; while what we want is protection in the
me and immediate protection, so that while the party
standing before the commissioners, before The district
and before the Supreme Court of the United States
defending his property, he may have something that will
free him at home from depreciation II is n vain 10 tell
me that such remedies propose in this amendment,
which are immediate and summary. better than the
binding process Of law through which the party will
have To go, which, repeat, may continue exactly as
long as The examination OF the continues so that
the parties have. in fact no enjoyment Of their prop
Mr. BERRIEN Any given trac, of land which may
be subject TO the operation OF this amendment must be
either public private properly II public property The
laws OF the United States which are now in existence
and operation forbid any intrusion by individual upon
that land until |, is surveyed. leased granted The
officers OF the United Sales under the direction OF the
proper department, therefore, be required prevent
nir uson upon the land, under these circumstances
they were in the case OF Louisiana and of florida
Now take the alternative-that private property.
If be property, the State tribunals entirely
adequate TO protect the rights of individuals having pos
session OF property holding grants, which the two
cases presented by the senator from Missouri so that,
either event, It seems to me unnecessary and am in
clined TO apprehend that 1t might involve the United
States in some responsibility which should be avoided
There would be great difficulty, perhaps. in preventing
these multiplied inlrusons We have seen already the
force and effect of numbers regard 10 questions OF right
in California upon these large grants, where many per-
sons are engaged in the mining operation Ii the United
States should hold out TO these people ae idea OF proec
ton private property. and should not afford adequate
protection, il might involve them in serious RESPONSE
billy. ):
regard to their territorial acquisitions II is safe ad
here 10 them until some exlgency shall arise which shall
show the necessity of departing from them.
| Mr. BENTON. Mr.. President. we have bills on our
statute book for driving everybody OFT from The public
lands and superadded to that, the military sometimes
ordered out drive the people off II that is be done
in California, apprehend that every unless he is
old settler may be driven of the land upon which he
is operating am sure all may be driven oil from the
gold mines These laws upon the statute book put
there in old times, before the rights OF preempton
established. That policy was established many years
ago, and is now part Of the common law OF the land
and apprehend that in California those who to-day
trespassers in the eye OF the law upon the public lands
who. according to the statute book liable be driven
of by the marshal, and sued and expelled by the mill
tary point OF fact will be titled preempon where
they have made settlement and that they will get pre-
empon.
land the United States will drive of the people, fails 1t
an argument which the experience OF the country
tradcs There are cases in which attorneys harass the
people with lawsuits for being upon the public lands.
Perhaps there are some going on in Iowa. Cunning to Mr.
| DoDGE, of Iowa.
Mr. DODGE, OF Iowa. There are cases in Wiscon-
sin.
| Mr. BENTON There are numbers of cases going on
in Wisconsin. in which the people haassed by law
suits The most striking of that kind think
Arkansas. about twenty years ago. in which great
Der OF suits were brought against persons for cutting tim
Der upon The public lands and the upsho OF the whole
was that the United States paid the costs IN every in
stance.
Sir, is remedy say the people will be driven
on It public land DO not want them TO be driven
off want them to remain there, and get pre-emp,iou
upon the spot where they have settled That is The
tabshed policy of the country.
Now. sir il is for the purpose OF having il that in
OF private property what Is prima facis evidence
private property grant or actual possession there shall
be driving OF by the marshal repeat that hold thai
the simple remedy which this amendment provides Tor il
Indispensable in order 10 give operation 10 that section
| the bill.
The question being taken upon the amendment it wa.
! Mr. BENTON. offer another amendment, a new
section, to come in after the I4,h section
| I" All the lands within tho limits of any town. city, OF
pueblo or within the limits Of its outlots, field
lots, and commons, which and ghtully
claimed by any individual at the date OF the treaty
Gusdanpe Hdago, and which shall not be kept by the
United States for military purposes for the erection o.
naval buildings, shall b. granted TO tho said ces
or puebos, respectively"
That is provision which has been contained, | be.
beve, in most OF the bills drawn up heretofore. II
speaks for itself IL is to give the scraps OF public
cant grounds which may be found within these town
limits mat nave Deen naIned 10 the Towns, cues, and
villages And again state TO the Senate that shall
have great deal of trouble If the United States under.
take TO claim United States property these scraps OF
vacant ground They have been disposed OF. in point OF
fact, by officers acting in the of the United States
Many OF the alcaldes, know have made cessions OF
OF these vacant grounds They occupied by the
people. And should suppose that in the town OF San
Francisco there pieces OF ground thus granted which
worth immense sums, and which in The end the
United States will confirm 10 its possessor the United
States is TO go through all this process will be great
disturbance TO the people OF the counrythlngs will
main ettled for long time Whereas this provs-
ion is adopted and all these vacant grounds be given up
TO the towns and villages, it Becomes domestic qnes.
ton, to be settled there, and doubt settled IN favor of
the actual possessot and that peace and quiet will
| be given TO the country.
| Mr.. BERRlEN. have had occasion 10 state TO the
Senate before that this is bill whose object is the
ascertanmeDt OF private claims Ii Is not bill the OBJ
Iect and design OF which to confer titles, but to
tam who in possession OF them That the extent TO
which we can safely go with the information which We
have upon this subject Individual senators may deem
raely informed on these matters but the great body Of
the Senate has not certainly that extent OF information
which will enable IL to decide what is proper for Con-
gess to do IN relation to very many OF these claims We
propose therefore, TO proceed cautiously put ourselves
IN position to comply with the stpulatons OF the treaty,
by proceeding, with the aid OF the judiciary tribunals
and this board OF commissioners, to ascertain what is
private property. When this is DONE and in the
progress Of It shall have acquired information in regard
TO claims peculiarly situated like these. then il will be
competent for Congress pass the object OF which
shall be TO quiet these claims confirm them grant do
nations where they may deem them necessary and to pro-
vide for these particular In the meantime the safer
course isto adhere to the provisions of the bill, which
limit the duties OF the commissioners and courts to ascer-
Ia vIs Int mt IN ~nnhrvn fhArn