The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-01

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win great lorce do not remember the precise terms
the patent usually issued by the United States Tor lands
out as DO remember il, puports upon face 10 be
conveyance OF land, as II there title the United
States and as the United States had the power TO
the land ii not mistaken SIR there are terms used
our patents which. il used by individual would con.
sutule IN law an implied covenant of warranty. Bu
there certainly can be HARM said by the sena
tor from Ohio, and which he thinks would be proper and
snl' mat we should clearly express in words what
really intend by the bill The only answer TO this is
that we shall make, upon the part of Congress- what will
be equivalent TO declaration that patents do amount
to something more than reinqushment OF title. can
see no great harm in that, il there is in point OF fact and
IN contemplation OF the public authorities, when they
grant land, something than the idea of
lnqushment of titles. The idea prevails lha, there is a
good ute IN the government Ii for the time being
not only The eminent but the useful domain of the soil,
The patent consequently, contains terms proper
that right TO another unwilling that any such i'm
putaon should result from the of the patent that
any such implication OF law should result from those terms
cannot, for myself why. when we say 80 positively
IN speeches that this meant, should de-
clare BY Affirmative words in the bill
Mr. GWlN. did not reply 10 the senator from Mis-
souri, yesterday, because thought proper
sion would come up when could speak upon the sub
ect look upon il as very important provision of this
bill that these patents should issue There sections
which confirm outright great many claims land in
California that are nchoae. Now we want 10 obtain
from this government patents for such lands We do
not want patent where there is conflict between differ
ent parties We do not want the private rights of parties
injured at ALL but to have the lands confirmed to the
parties where there is no conflict was of opinion that
the rights of the parties sufficiently protected in
other provisions Of the bill, and therefore did think
the amendment OF the from Wisconsin important
But am prepared 10 vote for anything OF that descrp-
on which may be necessary To make the inchoate
tiles perfect is matter of great Importance There are
great many general laws affirmed by this BILL which
prefect these titles 1t is OF great importance to
the people of that country to have these patents but if
the bill is not sufficiently guarded, as think il s to pre-
vent conflict to the individual right of the original
grantee, would put sufficient guards into the bill !
hope there will be objection to issuing patents where
there is no conflicts for 1t is matter of great importance
Mr.. WALKER. There is no objection to the issue of
patents in that The object simply to declare by
affirmative words the extent to which the bill is 10
operate.
The question being put upon the amendment, the
Mr.. WALKER. ask the yeas and nays upon the
amendment This opposition seems to me an implication
that something more is intended
The yeas and nays were ordered ...
Mr. DOWNS. do not think il is a matter OF any i'm
porance except the time II takes up, whether this amend
ment is adopted not because the bill without it
tans everything that is intended by IT. The gentleman
says he wants to specify wha, The patent means i is
attached 10 all patents, and II is specified explicitly in
this bill by another section, where il says all these
hrmatons shall nothing else than relaquish-
ment upon the part OF the United States certainly is
proper that the patent suggested by the senator from
California should issue in these Ii is not abso
lutey necessary, suggested by the senator from Massa
chusets the contrary, there have been of Con-
gress confirming these incomplete land CLAIMS IN which
no provision was made for patent II is which
happened in Louisiana The titles considered good
but severe inconvenience felt from the fact that
patents were not authorized to be made and we have
calendar bill 10 auhoriZe the issue of patents
10 confirm the claims rendered perfect long ago. but Tor
which no patents were issued. ] consider the amend.
ment perfectly mma,eral. and willing IL should be
decided by the Senate Il only adds to the BILL and makes
another declaration OF the thing which is already
contained in it. II gentlemen who are not familiar with
this matter would rely upon those who have had
experience there would be no difficulty IN the way at all
These matters clearly understood The patents issued
in the confirmation of claims differ from ordinary patents
They do not contain the words which the others
have, and which would imply grant The language in
my State, where great many such patents have been
issued, indicates that they nchoae titles briefly
forth the facts Of the and in plain terms that
the United States admit the title so far as they are con-
cerned.
Mr. FOOTE wish 10 explain my vote, | voted
just in favor of this amendment. The yeas and
nays called for, and shall vote against 1T. have
stated already that view the amendment as wholly I'M
material, except that by its adoption, should secure
perhaps the additional vote of the senator from Wscon
sin. am sure that the adoption of the amendment would
not vary the meaning OF the bill at all, and was vii.
ling to crafty the senator by voting with hun. But now,
seeing ha, he puts us TO the trouble, very unnecessarily
and mean no unklndness 10 the senator-oi going
through the process OF taking the yeas and naysa pro-
too often resoried 10 IN this chamber-permt me TO
say shall vote in manner entirely opposite to my for
mer vote.
Mr. BALDWIN The senator from Wisconsin | un-
dersiand is willing to accept the modification proposed
as part Of his own proposition.
Mr WALhER accepted the modlhcation.
Mr.. CASS. desire merely To ask The senator IRON
California question. My own information, and per-
haps that OF others relation 10 the al usment OF these
claims derived from foreign government has led me to
suppose that the titles nearly all imperfect know
that in Michigan there happened TO be but one perfect
title in the territory. | wish TO know, then, whether
there are any perfect titles at all in California II not
without, the inierposition OF the United States there
would be great difficulty. Many seem to suppose that
most OF the titles are perfect suspect II will be found
that most of The titles imperfect, and that the action
OF this COVER necessary TO secure The Jules OF
the people there do not know how IT may be, but |
am strongly under that impression
Mr. GWIN In answer 10 the inquiry OF the senator
from Michigan, give 1t as my opinion that there are
few-none that know ot-perfect titles IN California
They are all nchoae do not believe there is per-
feet title in California for survey Is necessary TO a
perfect title, and no surveys have been made, This
bill is important because the titles are imperfect ana he
citizens want title in lee.
Mr. WALKER | have only word to say IN view
of what was laid by the senator from Mississippi re-
qre exceedingly that feeling OF revenge towards me
or calling the yeas and nays should cause him TO feel II
TO be a matter Of duty upon his part TO change hs vote
and vote against the amendment. ! think know that
senator's heart well enooah know this, that when the
time shall come if ii should come that such consiruc
on shall be put upon this that the individual who may
be SO fortunate as to be first to establish his claim TO
tract of land shall be the recipient OF every beneht under
the law to the exclusion OF those who have more Just
claims he will regre, il well myself lie does not
see as think do the extensive bearing tina, lbis amend
ment may have in favor OF justice
Mr. FOOTE wish 10 explain. entertain no doubt
at all upon this subject and have entertained no doobt
since the words OF the honorable senator IRON ONO MI
EwINel on yesterday and since the various volnmnous
speeches which have been made, and winch, shoulo
think, might have cleared away all doubt IRON he mlho
of the from Wisconsin stated before tbat AZ
red because thought II