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

lul procession 10 commence, anu tnt
which result to the country from The total neglect
of all cultivation, while the owners with sick hearts
were going up to places, and at times yer unknown,
defend the lands upon which they had lived for one
4 two, or three generations ~ s
i have to show that when they have got there they
will have stay rather longer than the people OF Judea
had to stay with Pontius Plate at the time they were
axedabout as long as they would have had to slay II
Pontius PLATE. backed by Roman lawyer, had com
%s1sed a. anqassn9a n into ihs s S which Jew
the privilege going to Rome TO Augustus Cesar and there
prosecuting his claim before the imperial power OF Rome
brought il down 10 that point; and now wish to show
about what length Of time if ii can be ascertaned, this
entire landed population of the country will be bound to
remain at these places, yet unknown where they 60
sides.
By the substitute bill which the senator [Mr. GwIN]
brings IN, there is to be that right OF petition which
l mentioned yesterday IN any case IN which the com
mssoners decide against the claimant; and that right
Of petition. will be found by succeeding clauses which
shall presently produce is extremely limited indeed
more limited than the right OF petonng is under the
constitution Of the United States The conditions upon
which that petition can be had and the penalties to result
from not filing in time, will be found in the words OF
the bill ITSELF under proviso:
"That notice OF tho intention 10 file such petition
shall be entered the journal OF said commissioners with
| In twenty days after such decision"
will come TO the penalty after awhile here give
you the enactmentthe rigid enactmentthat notices OF
the intention to file petition for hearing IN the district
court shall be entered the journals OF The commissioner
within twenty days after the decision Now, there may
be several thousand land claims in Calornia-perhaps
| five thousand. know nothing about that merely
guess But these commissioners TO pass upon all OF
them--every of them and when passed upon, the
decision against the claimant is tn be conclusive unless
within twenty days from the time of the decision be
shall have entered upon the journal OF the commits
soners that be means file the petition for hearing
in the district court. What is this to involve! Every
claim And every claimant must remain on the ground
while the trials are all going on, IN order to watch the
time when his own shall be acted upon, and when the
dTeul twenty days begin to count when he has TO lose
his land forever and take notice not OF one suit but OF
l all tho 1a n W. 2tCh a no
does not know how fast the docket may run. lie must
| watch the Of the docket, day in and day out He
Keep ne s ans ssp 10
the fatal twenty days within which he is to lose
his hearth and esde Then, what is to be the effect OF
this waiting Is the party TO remain in person and wait
watch, and perhaps pray also. and fast into the bar
gain or is he TO employ counsel to wait and watch for
him' The bill gives no right OF counsel to the party
But if it did give him that right il would be nothing more
than the privilege of running himself in the expense OF
fees In an immense majority OF cases the land would
be given up at know that the daily wages Of
journeyman mechanic in California are about eight or ten
dollars; the daily wages OF a aborer about four or 1--WE
dollars; the daily wages OF lawyer DO not know, but
| know that their fees enormous, such have
conception Of So that take it which way you please. if
the claimant is to wait in person and hire to work
for him at home, or employ lawyer to walt and watch
the expense to him enormous The man car, have but
little heart 10 60 home and and plant that which he
does not know who will reap and gather.
Here, then, the whole community is to wait and watch
for these twenty days, and that is only the beginning
The section goes on 10 PROVIDE
"That such petition shall be filed in the district cour,
within six months OF the date OF the decision oil the ubu
nal aforesaid"
That is requisite in order TO bring the case the dis
ct court Alter entering notice in 20 days OF intent TO
petition he must file the petition IN six months The sec.
u ton then goes to provide another Limitation OF time
Six months appear another court or hs land IS again
gone forever Here is the penalty: %
l. THAT all ands by claims which may be finally
rejected BY said court or no, before tue 's.a
prosecuted period OF TWO years. shan be treated
rs n part Of the public domain"
These are the conditions. and this the penalty SHALL
Br TREATED As PART OF THE PUBLIC DOMAIN And how
is that treated Sold out, or given away so that the
property OF the Inhabitants may be sold Out or gwen
Mr. President this section is in violation Of the consl-
tuition OF the United States II is aagrant violation OF
that clause OF the constitution which obids any person
being deprived OF his property except by due process OF
law Article five OF the amendments 10 the constitution
says that OMIT does not say citizen no
person shall be compelled in criminal case TO be wit
meas against himself, be deprived OF life, liberty or
PaopERTY, without due process OF law" sI
Here, this substitute bill, without process OF law but
by series OF bard and vexatous conditions imposed, we
say that those who shall not comply with these condi
lions shall forfeit their lands. and that those lands shall
be treated public property, 1t mitigation Of thus
provision lna II II unconstitutional 1T Will be so de-
declared by any judges That is no mitigation oi It's
enormy Tor the mischief TO be done will be equally ac
compshcd whsiber or not the law will be sanctioned by
the Supreme Court of the United States.
4 That court has said often enough, what everybody
knows that Congress- cannot egisae away the property
any man and II Congress by statute should legIsIae
away property, would be held 10 be an oversight on the
part OF Congress, and the would be held 10 be
void While that would be the legal decision, what
would be the practical result in the time Such
does much bur in its enactment as # II were prac.
tcay carried into effect The landhoder alarmed; he
IL terrified be ready TO become the prey OF any sharper
happy that goes him and tells hm that all his lands
will be forfeited, and that the only way 10 save them Is
to 20 partnership and divide sell out for he
He does So He must divide, sell out Tor nothing
4 That will he the result We know that man alarmed
about his title has in fact, many instances lost hs
title already for he becomes prey TO those who are
always ready prey upon any who is alarmed Here.
them 10 provision that the lands shall be remanded into
the Of public property and be treated as part OF
the public domain that sold out or given away to some
body else, .. ss.ef.
The bill as stated yesterday calls up all these perfect
and imperfect titles to be examined before commissioners
They all to share the fate and, under the clause
have read perfect titles TO he forfeited unless the
party makes them good before these commissioners,
the decision being against them, complies with what
required within twenty days. and also within ak months,
and be successful a the end OF three suits This Ia un-
constitutional and unjust These clama are "properfy.
whether the title perfect mTerfect, and as such ~
protectsd by the Supreme Court well ~ BY the Law
Of nations; and such not TO be forfeited and de-
stroyed and not to BE- put into the OF public prop
ery, or be treated a such y, tay tt sf#tf 4, i@. /.
hold. them thai hs the most disastrous clause OF
the whole bll-disastrous from tho beginning dlsas
rous and alarming to the whole country; disastrous in
calling up all the people OF the country to have their
claims subject TO one, two, and three trials, and OF
them three thousand miles from their homes DISASTROUS
throughout and here 40, because OF these penalties
and forfsi!urss This Is the provision which subjects
them lose Their property il they do not ksap watch
H. through any accident, matter what-thrown BY a
horse, OF limb brokeDaay accident matter what
be fails 20 the pncs and enter his petition within