The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-31

heient II the owner is disturbed and harassed. II Is
sufficient he is prevented from having the free enjoy
menl Of his property Sir part Of the treaty IN the
very words That usefree enjoyment; shall have Tree
enjoyment OF his property But wha! enjoyment has ne
when ne Is harassed by the law When he has The
power OF the government upon it-when ne has TO run
the gauntlet OF three suits, and stand the risk OF Tor
feures-when be passes sleepess nights and restless
anxious and watcha TO get evidence and endeayor
to collect ltle money TO defend his rghis-does he
ENJOY Hf No, sir Protection means not merely thal
The thing shall not be taken away from the owner bui
thai he shall have peaceabe and undsinrbed enjoyment
OF II Protection does mean remedy aftei rum but
the prevention OF Iun II meansa shield thrown over
you 10 shelter you IN The quiet enjoyment Of your prop
erly, But this BILL though absurd, cruel. illegal, and
void N the eye OF every lawyer. yet i practically po
!entlal IN taking away the property OF every one That
| is what il is.
This California question OF land titles has been pre-.
sened IN some SORT question between the lew and
the many-beween the hundred thousand without land
aud the few thousand with hundreds OF millions. Now,
Mr. President am constituted, in question OF mum
beTs 10 take the part of the few and the weak against
The strong and the many Tnai principle OF action Is one
that acted upoh forlytwo years ago, when took the
part Of those who came from the heads OF the creeks and
The goges Of the ountanswho had on lieir buckskin
leggnes and nsey hunting shirts. and came IRON No'-
was member OF The general assembly OF Tennessee.
their side then because they old settlers aud
few and weak and have been the side OF the few
and the weak, who nave rights, and who have had 10
fight against numbers and against power, from that day
10 the present Il is on that principle that now act
feel for the early settlers IN California as fet fofy
ago for the pioneers Of Missouri and The great West
There may be but few Of them compared to the new en
grants but will stand BY them Nor do attribute to
to any considerable number OF the new emigran,sany
considerable portion Of that hundred housand-a wish to
take from the old settlers any portion OF the land which
belongs 10 them. There is principle which God has pn
ino the hearts OF which Influences the great ma
iory There be few in California, there are IN
all other States, OF that class OF characters called land
SHARKS. who hunt about to find flaw IN mans title
suppose there is TO be found in California lew such
persons; but believe that per cent OF the hundred
thousand would be lage calculation Now, sir | IN
dertake TO say that the OF the American citizens IN
California have The sentiments In their bosoms
which they had when here and which their fathers anu
brothers now have None OF them would be willing to
the old inhabitants there lawed out OF their lands or
scared OF them, cheated out OF them. Even popn
lay requires to do what is right There is no solid
popularity without it. Mankind have sentiment OF
justice which they cherish and reverence
Now having disposed of OF those points brought
by other senators, come back 10 say word TO The
senator from Georgia. lNr. BERKIES,] who has Just
been seized with patoxYsm OF dignity lie wraps nm
BILE self compacency uron the author oi the remarks
which lave forced him TO alter and amend his bill until
il iinkered and hammered into something very different
from what il was His bill has felt me, If he has
the changes made upon tell what has felt II has
actually undergone aransmgraton, and has come out
new animal.
Now have to say to that senator that deal not with
him. bn, with his bill and that have proved it, TO his salts
faction, be what yesterday denounced TO be- and that
he admits il hy the amendments he has offered. he has
given il up He has amended himself out OF it. He has
given up the poypus He has eased to shlnge the
Old claimants with wr,ts. He has given up the inter-
ioping and the inierected trials. He down TO
Injunction for cayea Vast descent! Deep plange! But
no necessity for We have been legislang every year
for iorysx years upon the adjudlcaion oi land
titles We have passed volumes OF acts aud there II
not one such section this to be found IN any law, II
there is should be g.atited il some senator would tell
me where 10 lind IT, wal, ios an answer. Can one be
named! No! There is none such And II this bill
had gone TO the Committee on Public Lands, which has
always been charged with this subject and had they re-
ported upon il, apprehend there would have been no
such section now. Ii is new section. II was never
thought of before Ii never deemed essary be-
fore II is wholly unnecessary. and merely whitfield
down 10 what il to cover retreat IRON what was
II is wholly cessay to retain even that part which
The senator from Georgia. altered as 49, proposes 10 re-
tain After giving up hat he has given up, he had bet
make clean and give up all The nJnncuon ior
a eaueat without any new law and u any pro-
VISION proper from abundant caution that OF Mr. Fe-
mont is The suitable II states the derivation OF his
title, but does not proveil makes The continuation innre
10 the true owner and gives him caveat without stop
ping the progress OF the case. Besides that he has
shorter remedy, with which everybody familiar; and
that is send cavea 10 the General Land Once, stating
the facts and asking that patent shall be issued un
the question is decided and until that has been done
the patent lies there. This is the way has been done
for and forty years and nobody has ever thought OF
Now what shows this whole section to be unnecessar,
is tina, there is copied from Mr. Fremonts bill into the
/ fifteenth section OF this bill
s.That the decrees rendered by the said
or by the district Supreme Court oi the United States
under this act, shall be conclusive between the United
States and said claimants only aud shalt not affect the
interests Of third persons"
/ This is enough-a that the requires, and pre-
cisey what we have had or six and forty years, anC
what we should probably have had il the bill hat
gone TO the Public Land Committee There is nothing
wanted but that single clause and if that CLAUSE
was not there, the parties who the true owners OF thu
land would have right 10 injunction TO stay the
ing Of the patent unul the right s tired should like
have vote taken striking It out that we may come
at other points III The bill.
| NV information iron California, derived from
papers as well from letters from persons residing there
existing in consequence o the idea of losing their lands
or being involved expense order to save them, 10
extent equal TO what the lands worth Contentious
are now going on, and violence going and believe
the particular which there bloodshed al Sac
ramento city in which the judicial decision
title. and resisted by others, called squaiters There
have been violence and boodsbed there; but we wan
! auiet--we want rest in the community
i One OF the greatest Mr. President, that can bs
nh cled any community whatsoever is To disturb the
community about its rights to property bad enough
to disturb individual about his property, Involving
him in the expense OF lawsuits by dragging him away
from his proper business contend Tor his Title II IL
misfortune individual 10 be baassed by lawsuits
but when il home 10 whole community and tf
the disturbing OF whole community al the same time, y
becomes public calamity-a calamity 10 the body-Pol
c--a calamity to the State calamity which no legs
ation should ever inAict This bill is practical conhsca
coniscaie in brief and direct terms Order on the old
settlers Lat them 20 of at Let them either go to
/ Mexico and ask for lands, or commence working
i with their hands to get il. Nl
Sir say we ought TO do il AT in that way, II We
do il Al all and not do through the forms OF law. The
A. r.. horoa aaoA onAy rFtod n