The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-30

mlne The cane atls 1. u be sci faltA prayer il
% be made the court Is gran, the prayer, and hear
the Gaze. aud determine the tile Aud this while the
party 10 oa trial aBst lbs power o the Uaed States
New parties are 10 come 30. with individual suits and
he's lawyers, and the whole together to work agans,
The old settler Zach Sl have the benefit OF the eoun.
sci OF the other Ihe iueIlopcr will have ih@ benefit of
the counsel OF the United States aud Tie United States
Will have the bsneh Of the counsel OF le ineroper
and both together vii make common and Try 10
take away the lands of the settler This cruel and
monsrous J, i contrary 10 the whole idea OF creating
board OF commissioners, that you 10 have inter-
esled party there against the claimant he oned
olales assumes 10 be impartial and ist The United
StaIes assumes TO do nohng but endesvor hnd out
fuy and justly whether the party has obtained his lands
1foni the sovereignty which formerly possessed them
and II ne has perfect uile TO s, him alone I'M
perfect one, 10 perfect II, exactly might have been
done II lhe sovereignty had moi been changed.
Tue United States assumed that. and nothing else bul
tbal anu ths on has gone too tarareaiy too far
Whe II has brought attorney there his arts and
Ills skill IN defeating the clam oi any person. II is 20.
ing too lar, and fo feltlpg HE character OF Just par
when II shows the inieiesl which the emp uenl oi
counsel inples IL is making The United Sta interest
ed N defeating The claim Bui 's lays open the whole
case 10 an interested cones-ays Il all open 10 inter
esed acknowledgement The whole proceeding of the
character OF just ce and lmpartaly Justice and
impaualywh the lnqulsiions OF the beard OF com,
missloners should forever wear.
But these interested conest,n,s are all 10 come lnas
many as please aud with their attorneys engaged, by
every ariknown to aornoys 10 defeat the patty by any
means knownto ihe practice OF law And God knows
there are practices mean enough which parties lgant
may use, but winch government should scorn, either
principal accomplice The bill proposes to make
board and while assuming 10 seule these claims equla-
by between The government and The claimant, you Drng
IN interested parties, as many may Please 10 come, with
as many lawyers as they please 10 Ion Their interests in
The case. TO defeat by every MEANS fair and foul. the
claimant This is what the br does, proposes do.
lhe United States and the contestors are 10 hunt in
gangge the game, they can, aud by any means they
Can; and when got, the '.eontesors 10 take all Was
such a thing ever heard OF before
But lei US proceed The section goes 10 provide that
la nj IhA aha ta1
party thirty days before the meeting the which
Is relurnable, and the subsequent proceedings thereon
shall be the same as IN the other civil cases What
anomaly Board uf commissioners and nss prus at the
same time. See how it works. You create board to
lnqulre into titles and tribunal TO try private titles You
lnstitute commission to inquire, and coniound with a
court 10 Try utes, and without Jury. Sir, what has
become OF the efforts al civilized protect his rghs'
What has become o the constitutions, o the legislation,
Of The CIVILIZATION al least OF Great Britain and the United
States, since the time oi the Magma Charta sx hundred
years ago Since that great enactment, II has been pro-
vded in all parts OF The United States shall
be deprived OF his life, liberty, or property without due
course OF law We know thai the meaning of this due
course OF law" has been established By all The
tors upon the subject II includes the jury trial and a
irla By existing laws, There IS too clause in the
suluion OF the United States that shall not be de
pryed OF his properly 10 tue ue OF twenty dollars with
ou trial by jury. And yet here IS 10 be constituted
extemporaneous lribuna-no Jury, not even court Of
record unless that be nierred-here extemporane-
GUS court special rblna set up for special purpose,
and lnyestedw the power oi trying land titles between
!
to be transferred The United States district courts and
thence 10 lhe Supreme Couu OF the United States. AT
The same time these ntereced suits bar TO others
Inc party may be sued ejesment trespass. There
is to be concurrent action nothing lint these
attacks Not only may he be sued in court,
oui he can be sued every court and the trials may be
gong on al The same time III every one OF them,
What are The other civil cases" 10 which this ap-
plies The section says that ihe subsequent proceed
in.s thereon sha be the same as IN te ohercv cases
! lac PRESIDING OFFICER, tMT. NORRIS in the
cbar) The Chair would inform senator that the
word The has been stricken ou so as 10 leave H. as
in other civil Cases"
Mr. BEN TON The is then stricken out. That is
one of tue verbal alterations As said before. there
have been many alterations made TO the bill that do
not exactly know how II is now. But the g the IL
stricken out that told from the chair; and what
before had the definite article has the indefinite
ticle article al all What before might have had
some limit or boundary is now boundess aud illimabe
thought before would be confined 10 tte oher civil
cases. meaning civil cases which apply 10 the lands
IN the court but II is thrown open 10 the whole
process OF clvil procedute-wbaisoeve II may be,
whatsoever i, may be claimed 10 be, whatsoever the
Judge shall suppose II 10 be. The striking out OF that
little article has made the thing far than II was be-
fore-and God knows II was ba! enough before.
Then, Mr. President, by way OF Gaping the CLIMAX,
! there comes a cause-ne fifteenth sectIon-whch de.
that the DEGREES rendered by these commissioners,
by the district or supreme court OF the United States
under this ac shall be conclusive only between the
United States aad the party and not between the parry
and any other claimant. Anl now III the name Of all
that Is essonabe-in the name Of all the reason that Is
extan al this upon the face OF the globewhy Will
YOU allow all these suits 10 be carried against The
ty wnen in two sections Afterwards you say these de.
cisons 10 have effect al all ihe niteeuh section
is utterly contradictory the provision which have i
L. II, be the nlenton after all this contest IN the
courts, after all these trials between tie sluavfs, secu.
laors and contestants, and those who pos session
after all that aud after the juge has entered his decree,
is il 10 have effect at all The provision u, that
the DEGREES rendered by the said by the
district supreme court OF the Unlted States, under TINS
act, shall be conclusive between the Dnie Sties and
the claimants only THIS word ony iy in the old
Saxon and Is stronger than only but "oaty Is strong
enough IN this II limits The effect OF The decree 10
the United States IL decides the for her, and Tor the
claimant against her, but not third persons. The words
are shall affect the interests OF ihIrd persons
Why Try the suits OF other persons, their interests
not TO be affected What is the necessity Tor this pro.
VISION " il is not to harass The old settlers and drve them
mad with the litigation which is to be accumulated upon
,hem-and after all nothing is decided between them
selves and the other parties Sir this seems TO be con.
tradiction--an ove-lghis confusion OF enactnenisone
killing the oherihe last proper the first absurd and
ruDous.
Mr. President to what days have we got back To
n which anything done cIuel as this method OF
depfvlng people Of their property PLAN and a'rect
ACT OF cJnhscation would be mercnl compared to ms
slow pnnder under legal forms; for that would be soon
over onceand the parties could 40 about Trying 10
gain their living IN another way. These people were
red first and purchased afterwards purchased win
s,ip atons OF protection and conquered under procla
nation promising proeconprotecton to LIE, liberty,
properly, and religion Anecedent TO such treaty stpu-
atons and such procamainos there existed the law oil
nations-civiIzed nations. BY that law OF civilized ma.
ons property TO be protected and an ncboate title 70
real estate n proper,y and possession IS the index of
property and is the right OF possession even TO the sy-