The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-31
lN CONGRESS- OF THE u. STATES.
TUESDAY. JANUARY 2s, 1881.
Iis CoNTINuATioN

sENArF.
LAND CLAIMS IN CALIFORNIA.
Mr.. BENTO said The alterations which The senator
from Georgia Mr. Beasirsl proposes are amendments
TO The proposed amenan',nl We have eol goni way
from here started There sas an original ball, then
a substitute offered by the senator from California, Mr.
GwiN,l and BY the senator IRON Missouri All
went 10 lbe Judiciary Commltee, and they coGe back
with sub,litl ihu,g aliogebef and moved to
strike out iarl ot H. When he bill taken up yes
yerday morning 1t vas nmealed up on by the senator
from Georgs, tMr Rln1IEs He is ue reporter OF
ghe bill. and delivered hs exposition o its merits in the
lace OF the Senate II sremed TO his mind to be, at that
eme, very perfect thing, only needing verbal alera-
,oos; and lie had himself made these There would
nothing he necessary To he done but TO pass the bill
thought otherwise. and took hold oi part OF his bill,
showed il 10 be, what deny. clear and
,aranl violation OF he constitution OF the Uni'e! States
and OF The Judiciary act OF 1882 IN point oil jurisdiction
and clear and agrani violation VI justice and right and
confusion ut all legal proceedings, authorizing any
body ogoiItu anstrfet crur', not ~ h,erpeRd Bdt III
trlopp, with new SUITS and jump upon who is there
on lria, and stick just many suits upon him
the, peasr, aud have them all tried at the same tiIne as
,art aud parcel Of the same general transaction.
showed this. Aud yesterday, wlea these objections
taken, the senator from Georgia defended the
bill upon the ground OF right OF jurisdctlon and
principle 81 justice, N these anomalous and poly
States federal courts in California 10 try common suits
between clizens oil the same Sale questions Of meum
and tuum, using these two Latin pronouns Lord Coke
calls great and which he the root oi all conten
ton in law. The question OF m,ne and thine in these
cases was thus given to the federal Judiciary 10
be tried The illegally and uncons,nonaii,y OF this
pointed out yesterday. The senator from Georgia
thea undertook to shelter himself behind MIR Fremont,
and quoted from him. Sir, Mr.. Fremont had read the
constitution Of the United States, and he did not and
could pot commit such bunder as that. The senator
from Georgia thus undertook sustain himself by what
would not have been authority among LAWYERS, even if
the quotation had been on his sde but which was d.
recly, and pontedly, and thoroughly agains! him.
II stands ncontestably the fact, that by the
tors bill there are TO be suits upon suits against these
they TO be eeclments trespasses
nobody knows is to be petilon and what the petit
ton is To contain nobody Petitions be inie
lected while tie claimant attending before that court
conending with The United States; and just many per-
as please. Tie may be shingled with suits
IRON individuals, inieected upon petitions, and upon
any preence that any body pleases. These, nerlo-
fTs, may Jump upon man IN court and stick all their
petitions upon hun No, they are 10 send out upon a
thirty days notice aud bring hun IN. And who will
take care of his crops when he comes in They may
stick upon his back every day, and he is TO be
brought in and put before this court order try
aud fuum questions Nhch, # regularly Brought could
only be brought in tie o the Stale. his is fla
iran, illegally. unconstl,utonay, lnquity and conlu-
siou.
Sir, the citizens OF State carry their disputes
Of msum and tuum into the courts OF the United States,
uness il s where the law OF The United States is
cerned There is such thing hee-no such petence
anyboty and every BODY who chooses TO set up any
sort OF claim whatsoever who come in and inter-
plead. As said before--o inerlope and INTERCEPT them
selves. AS many as choose may come and have trials
between man and man. either in The district courts OF the
United States with appeal 10 The Supreme Court of
the United States Sir thus 10 flag rant breach oi the
constitution OF the United States, aud Of the OF I7s9
defining the jurisdiction OF the cours and upon that pon,
took the gentleman from Georgia Yesterdays great
point hook worthy to hang man upon But this morn
ing be comes here as if he had been caught with hle
pm hooks-piddllng al wods-makng verbal alter
atons-underiaking 10 amend his section BY altering
word here and word there pronoun in place. and
proposition in another, and Article in another Sir
why does he not grappe with the great question Ii will
do hun no good II he has all these litile alterations
made.
The great objections stand there still They are to the
jurisdiction hrs and after to the enoimty OF suni-ctng
one 10 many trials at the time and with many
parties and alter that. TO the confusion and mons osy
o mixing up interested parties with the United States
MI lnquson OF this kind Let him grappe these cues
ioD-. or give them up BY striking these poypus trials
out OF his bill SIR. these inquiries before these boards
o commissioners not trials In the legal OF the
words they are mere iDqulsiions Tor the purpose OF
c.ralnng iactascertaining whether the previous gov
eminent has parted with The land and whether there is
perfect us that nothing remains Tor the govern
net to perfect They are nothing but inqnlsons, and
heretofore they have been conducted at least dsin-
tessled sense These commissioners are 10 act dsner
esedy The United States does no, appear prosecp
todoes not appear party endea voring get mans
land can be taken BY The help Of lawyers and by the
help Of The chicanery aud the qubbles OF the law The
uniea States appears IN such character and never
has appeared IN any such character. These commits
soners are intended 10 be disinteesied and impartial
tribunal whose business J, s 10 inquire equitably and
canddly and airy whether The previous sovereign bad
parted with the land in question This is the intent OF
board OF commissioners But here, with these disnter
esled inquiries which the are to make, the
DILL reported by the gentleman from Georgia mixes up in
tsfested questions, and allows the whole world to come
IN they please. and nerject trials al the time, and
Allows everybody TO petition and go trial with the party
for the Land This is making an interested inqui-
ry-an interested trial; that is, trial where interested
persons are to gain as they canby anytIck orqubbe
oi the law, and by any known TO the practice,
where the meanes branch OF the profession down
TO he humbss OF the profession, may Tor every
petitioner ~ TO choose bis own lawyer.
And this 10 what the gentleman has fixed IN his bill
denounced Il yesterday as The most abompable attempt
legislation that has appeared IN civilized world
and stand TO II TO day And exult il, after
a have heard from the gentleman who has come here
TO pddle with these little verbal alterations, instead oil
meeting these grand points He ought meet them OF
give them up. By not meeting them he virtually
gives them up. Why not do it openly BY giving up The
ants the right 10 niersct peiitons and sbinge old
settler all over with new suits while already coniending
P2alnst the whole power Of the United States.
What Is the coalition OF the old settler The United
plates brings HIM IN though this bill fixes place where
ne is TO come hut he TO wherehe United States
calls h'm suppose the United States attorney will prob
ably have the business of fixing the time and place
hey 60 10 the place appointed, and while engaged with
me Uhiled States IN defending that property which the
ing OF Spain pad HIM TO receive a gi thirty, forty
iy sixty, or seventy years sgowhile he is defending
against the United States, here is turned in upon him
horde 10 attack him IN every way He is to get il, as
ts'd yesterday in front and rear and both fanks
,an.at'ons OF The Bible says Samson gave il to the
hiIslnes. back snd belly'dos e pe~fre Yes sir, he
es all round. II they coadsst at the .oes OF his feet
ney would give IT 10 him thefe-stick petition there
bul be will have them from head to footfTom the
o. 'he head TO The top OF the loot