Weekly national intelligencer., 1851-01-04
CON NGRESS.
THURSDAY, JANUARY Q, 1851.
IN SENATE.

martial in the OF William Hannver, and the memoria
of the citizens of Portsmouth, New Hampshe asking re-
vision and modification Of the military code of the United
States submitted elaborate report, which ordered te
be printed, closing with asking be discharged from the
further consideration Of the report and petition, which
agreed TO.
On motion by Mr. DAVIS, ordered that the memorial and
accompanying papers be printed.
BILLS ON LEAVE.
Mr.. GWIN in pursuance Of notice, asked and obtained
leave to introduce bill to provide for the survey Of the pub
lie lands in California the granting of donation privileges
therein and for other purposes which read first and
second time by its title, and referred to the Committee
Public Lands.
Mr. BERRlEN in pursuance Of notice, asked and obtain
ed leave introduce bill to amend entitled An
to authorize noaries public to take and certify oahs, ama
uons and Acknowledgements in certain which was
read first and second time by its title, and referred
Committee on the Judiciary.
FoRTIFIcATIoN OF SHIP ISLAND.
The bill provide for the ortfcation Of Ship Island of
the of Mississippi read second time. and the Sc
nate proceeded to consider as in Committee Of the Whole
The bill proposes to appropriate 900 for the ortifca
ton Of Ship Island
The bill reported the Senate without amendment,
and ordered to be engrcssed for third reading.
CALIFORNIA LAND TITLES.
On motion of Mr.. GWIN the Senate resumed the con-
sideraop of the "b to ascertain and settle the private land
claims in the State Of California !; the pending question be-
ing on the substitute offered by Mr. GwIS.
w
for proposing this amendment In the first place. the act of
the 23d May 1925 revves the of the 26th May, 1924
passed in reference land claims in Missouri and Arkansas
This bill provides the seventh secon that the Supreme
Court acting taken to that tribunal shall be go
verned by the principles of the act of 10th May, 1924
far they applicable. wish also the action of the
commissioners and the District Court, we'll the Su
preme Court to be in accordance with the principles Of this
act so far they applicable. But then another i'm
poan provision the act of 23d May, 1928, which wish
have revived and enforced before the Board of Commits
soners and District Courts in part epeang portions of the
Of 26h May 1884, and also extending the power con-
erred by it. These provisions contained In sections
eight, nine and eleven of the law. Section eight repea's
the onerous provisions of the law of 1924 which required
the claimant pay the costs Of appeal when the decision given
was in his avo ALSO that portion ofthe laws requiring cam
make adverse claimants parties their suits, or to
show the what adverse claimants there may be to the
land claims Of the United States Section nine limits the
appeal claims that exceed league square, unless the At
orney General the decision of the court below be
Section eleven makes lawful for the President to en-
ploy counsel if his opinion the public interest shall
require H. This consider very necessary provision OF
this bill, when take into consideration the immense
in issue in Of the claims that know will be
contested The abest counsel in America will be employed
by the claimant and the district attorney may find mpos
sibe do justice the interests of the United States in
these cases. and perform the other indispensable duties Of his
office 1t discretionary power given to the President,
and he will be responsible be exercises without necessity
thus increasing the public expense.
Mr.. BENTON. Mr. President, propose to offer
amendment the bill which has been presented by the SEN
from California, which is strike out the whole Of
that BILL and substitute totally different system. Of my
intention do this gave notice at the last session then
also stated the Senate that since the marvellous times
when Great Britain conquered by William the Con-
queror and when all the lands Of the country considered
belonging the conquero, and especially in the age
in which we live, there had been instance of
country conquered by ceded by authority in which
the land titles of the whole country arraigned in
making the whole invalid until proved to be good stated
that to be principle unknown in the civilized world at this
day. And then stated that regretted it and stated my
regret that the gentlemen from California who have brought
this BILL should have felt themselves tar influenced by
what being done in the OF Louisiana and Florida
conform to the idea Of bringing in board Of commits
soners and afterwards commissioner, before whom all the
titles Of the country to be arragned and to be held in
Valid and continue to be held invalid until they the
gauntlet Of three different lawsuits for the gauntlet to be
and in every and time, before tribunal
pointed by the United States Government ITSELF which the
other party have not the right to object to, which they
would have In trial at law
took occasion then to bring before the Senate this case
and stated that such principle that applied to California
New Mexico would be perfectly equivalent to general
conscaton of landed property in the country and that OF the
would be mercfu pass act Of gene
raj confscaon, to permit the people to TO work in
other way obtain land and to the expenses,
anIieties, and believe may say, the horrors OF going
through three lawsuits for their property, and OF these
lawsuits three Thousand miles from where they live. brought
before the Senate and the country strongly could al
the last session. and at last conquered in that Of the plans
which laid before the Senate which undertook to make
the first decision in favor of the claimant valid against the
United States thought myself that but small
matter when the United States have brought up claimants
before board of its constituting, men appointed by
themselves and paid by themselves and when this board hae
given decision in favor of claimant that it should stand
But the substitute which is before goes the whole length
Of running the gauntlet Of all three trials And what mus
be the result must be that the claimant except in some
great cases. and in which probably American il
much the French and Spanish afraid Of law
suthat the parties will surrender their claims rather thar
undertake pursue them through three lawsuits have
deemed particularly hard 10 apply these principles to any
people, and especially to the people of California, who were
induced by the most liberal assistance the part OF the
Crown OF Spain go there and accept these lands as
gracious gift The people were induced to 60 there sir and
accept these lands gracious gift they were offered great
inducements to accept Of them They received assistance
from the Crown Of Spain from the Government in taking
possession OF the and and cuvaing them, besides direct
aid and afterwards they exempted from contributions Tor
certain number Of years. and military staons-presda as
they caed-pr9sdia in the Latn-were established for
the purpose Of protecting the settlers in their rights
Now sir these people, after having been induced to ac-
cept these lands gracious gift aer having been paid to
accept then and being exempt from contributions Tor several
years. IN the Of fall under the dominion of the
United States ncon'ineny, and at the same moment when
we with two strokes Of the pen pass off 600 Of
OF public and-cal hundred mlons-equa four States
as large as the State of Ohio all gone in two acat this
men these hreed trials are to be brought against the people
OF Caiorna TO take away the lands which they in
duced 10 accept from the Crewn Of Spain.
OF, tne Cfown oil spain a despotisrn but there
some respects In which the kndest and paternal
Governments and one Of these giving land every
citizen according TO his pursuit and station in fe II be
In town or village he received portion Of land OF certain
IA 10 lilo thnra