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

must &C, upon information. Therefore, when they de-
tefnine TO hold session in county where there are
claims because claim cannot be presented until the
board is in session. suppose ii will be perfectly safe
the bill reported and il will be in the power OF the
President 10 make such regulations may meet the ext
| MIR BENTON. Mr.. President this board is coHsi-
tued for the purpose OF preliminary inquiry and after
they have acted on every they may 90 up TO the ds
tct courts and after that they come here Now, IN
this preliminary inquiry, which Is 10 concern everybody
that has claim, the question rs whether the commits
sionels snail 70 INTO ahs s1 ~, wns'e s claimants
the commissioners My opinion Ms that the commssi
should 20 into the connty-ino every county where
there is claim TO be tied-an hold their nquision
there where the parties and witnesses are all present
And there will be no difficulty in their giving such
notice OF the time OF arrival in any county to
BILE the people OF the county there to give in their
claims and have their witnesses and evidence read
ness at such lines as the commissioners will require
therefore think necessary provision, upon the plain
principle upon which carry inquiries OF this kind.
neary as we can, 10 every mans doorto place in
each county IN which there claims TO be decided,
as propose The President may name the time only
supulate for one place in each county
Mr.. GWIN | an entirely in favor of the principle
named by the senator from Missouri but am convinced
that the President in the discharge of his duty, will do
the very thing which this amendment contempates.
Therefore, although entirely in favor OF the prnc
pie, am not disposed 10 alter the bill by adopting II in
the form OF an amendment
! The question being taken on the amendment, it was
Mr.. BENTON. move to amend the tenth section Of
/
"Bu, no appeal TO the Supreme Coar shall be allowed
in favor Of the United States IN any case in which the land
claimed does OF exceed The qnanty contained IN one
gold mine, silver mine, or quicksilver mine"
The object OF that amendment is upon its face Il is TO
proven, small appeals TO the Supreme Court where the
people would be harassed by such proceeding to such
degree as TO give up their lands, and TO confne the ap
peais TO large &c cases only
Grafton of the committee. In the earlier legislation OF
Congress commissioners had been appointed, and they
acted for several years before Congress determined
call the assistance of the judiciary department These
commissioners had authority to confirm claims to an ex
tent not exceeding $40 and there disposition
the part OF the committee TO allow the decision OF the
commissioners to the extent OF $40 be coDsid
cred as final To the extent OF league square would
be quantity that previous legislation of Congress
wG m ~ Hs' MN That n, you'd dI be $3.50 acres
Mr. BERRlEN. According to my estimate, nine
square miles, each containing $40 acres, would amount
to $3.50 acres. However either quantity would be
10 limit the appeals to where The quantity OF land
claimed exceeded $40 acres Bat there is peculiarly
which found there-although there is an exception in
the amendment provided or-nduced the committee to
abstain in this bill from any limitation to the right Of
appeal II hereafter. however upon further information
upon the subject shall deemed proper will be in the
power OF Congress TO provide that the decisions either of
the commissioners or OF the district shall be final
mining, the part of the courts what shall constitute
valuable mine of either of these descriptions provided
for IN the amendment. II is believed best TO leave ii az
| Mr. BENTON. will ask the senator from Texas
who sits on my right, and who is perfectly familiar with
the measurement Of land to state to the Senate what
1.-THE superficial extent OF one league square.
Mr. RUSK. By accurate measurement it is 4,42s
acres; that is, reckoning by Spanish mies-a Spanish
mile being less than an English mile
Mr. UNDERWOOD. What is the length of league
according 10 the measurement of an English mile? We
easily ASCERTAIN the number of il we know that
Mr. RUSK There is some difference between the
Rh mi IN mt knnxU he
amount but the Spanish mile is six or seven per
cent smaller than the English.
/ Mr. UNDERWOOD. If they the same, the cal
cuation Of the gentleman from Georgia would be perfectly
correct
Mr. RUSK. A league is never laid of according to
Mexican measure; it is always laid off according the
Spanish mile. league square, therefore. makes ,42c
acres and a small fraction
The question being taken on the amendment, it was
Mr. BENTON. / have another amendment. to come
at the end OF the fourth section, by adding follows
And ia each and every ease of claim brought before
the I'd, the claimant shall be aud potec
thereon and Tor that purpose the district OF the pope
against inudes when competent do So resti
tuition TO the pos,o upon process OF focibe entry ano
for any e,pass or any .ect,nent But sueh pIoteoor
andma'nenance shall only extend the number of
expressed in The grant, where there is grant, tn.
quantity Of land actually possessed where there
ton grant"
The object Of that amendment, to give the protection
winch The treaty provides Tor until The hnal decision
every case. The holding OF the grant prima faee ev
dence OF title, and the actual possession pra Jacrt
evidence of title and both these properly within the
meaning of the treaty by which this country OF Caor.
MIA transferred TO the United States The words OF
the treaty explicit and they copied in the amend
ment which have ofered-.'the party shall be main.
tanned and protected in the free enjoyment OF his prop
eny." Now, sir, while the title is undergoing an exam
lnalion, may be deprecated upon, and presume will
be deprecated upon great many instances, by per
sons who choose establish themselves upon it, or who
lChOOse themselves II Ia lie
Now II belongs TO the United States alone say what
bad title II u.s. therefore, to give effect 10 the treaty
stpulaoDs during the length of time these claims
under the course OF examination that the amendment
offered II will be very harassing to the parties to be en-
gagged both front and rea-mantanng themselves against
the United States in front, and at the time sustain
ing attack in from those who wish to establish
themselves upon their property and commence contest
with them. The object OF my amendment is to provide
OF the treaty into effect The treaty cannot execute itself
any than clause of the constitution OF the United
States execute ITSELF unless there is the machinery
OF law provided by which il is 10 be executed The
principle of the treaty be acted upon by the board
of commissioners hen they acting upon the claims
but here positive act to be done-a potential act TO
be done under the treaty, and that TO maintain and
project them the free enjoyment Of their property
There is limitation to the amendment, which grows out
country The grant 10 made for certain quantity One
league square the smallest Rural grants made
oil eleven square leagues by the colonial authorities
But for the satisfaction of those grants. there always
district OF country appropriated and many leagues
were to be taken within such and such boundaries.
naming creeks, rivers mountains, &c and that district
OF country usually contained double treble or quadru
Nuhof thu all ~ II 81,