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

=
beong 10 the United States BY The provision of tile sen
aior from Georgia. Mr. BEsRIeS.l when one comes in
and makes assertion and another comes in and enters
caueat against him. the proceedings will and ought be
stayed unl the ughtiul claimant has his cause tred II
be get bis grant under that proceeding, do not know
that will deprive any panlll OF his right bring in an
action against him and he night in his claim be
would upset IT, would Just as ei go into a court OF
justice, under he Ianoply Of good grant. after your
aclua settlers for ii gives them opportunity bring
their claims and have them settled in peace aud moi
hazard trial litigation against all The attempts OF spec
ulaors ho may ry 10 bring hem into jeopardy. agree
with the senator from Missouri upon that subject There
is nothing be than such agitation with regard
10 nights OF landhodes But this bill 10 settle the
actual seuier, IN my opinIoo.
Mr.. GWIN. shall not say word upon the subject
OF The unconstutionalty oi this provision OF the bill
after what has been said by the senator from South Caro-
iina lAlr BUTLEal But will proceed to show the
necessity q y Y no violation Of .gll to say that
main. II was not lnendrd such This provision Of
The bill. WHICH IN the bill which originally reported
was intended to make u the interest Of land claimants TO
bring forward their cIans And la ssAbem settled for the
ase1A q W county ,.+ unless ns,s .o = some
then claims TO have them ascerained and settled. will
only refer TO the law OF 1912, which was referred to by
the from Missouri Mr. bEhToN] time Since
in which enacted that all town otS, public sQuares
etc, should be given 10 the owns and the titles To these
absolutely confirmed and TO the parties. Yet, some
Twelve after that lin ls2I twas necessary for Con-
10 pass law requiring these parties to whom these
lands had been gwen in within eighteen months
aud establish their boundaries, and show that they had
cultivated their lands That the only condition n--lhat
these lands should be cultivated This law passed
in 1924, and il required to be complied with, 9th
erwse these lands shall b. considered part OF the
common the lown-lusl II is proposed to consider
lands part OF the public domain and grant pre-
emptons to the divisions OF IT, The object is not 10 vo
late private rights all but to require that these parties
should and present their caimsnot to have old
claims hanging over the country Tor years. We know
that there are cases pending IN the Supreme Court
OF the United States not known 10 the government tor
t,sI, II, 1,na Intb. Nfuaa nntor fha
act OF 1874, claims brough forward which had
slept for forty years The object of this bill
make the interest OF those parties to present ns.s
and what lis public domain IN order that the public do
main may be given 10 actual settlers or to other persons
who may derive their night from the United States.
Mr.. EWING. In reply to the remarks of the senator
from New Hampshire will say that the object OF this
bill is what has been suggested BY the senator from Cali
vate lands The provision OF this bill appointing CON-
mssioners sends. in effect agent on the part Of the
United States to receive the claims OF the individuals
who clam lands upon this great portion OF the public do
main Now, have to suppose that. under the
provisions OF this bill, those who have titles to land
will present them-will in and receive patent
qucIam from the United States. whichever you choose
to make It, There might be aqnit-clam, except only n
suc where the individuals lave an inchoae tile
which The United States MT to confirm and IN that
case, il would be properly patent OF the land But
where the tte is perfect, coming from California Or
Mexico release on the part o.: the United States would
be every respect sufficient Perhaps the commissioner
OF public lands should be directed to discriminate in these
cases t
But TO reply to the senator from Hampshire He
supposes That the provision of this bill attempts that
which is Unconstitutional To that answer no. unhes
tangy there is nothing in il unconstitutional at all
admit declare thai the title OF individual who
did not present his claim within certain time s uncou-
slntiona, is attempting 10 do that which we have no
righlo although in that differ IN opinion from gentle
men whose opinion | very highly respect. Such, how
ever my oplnion but the bill attempts no such thing
VIII At does it do! 1t provides that the land which s not
thus claimed shall be deemed to be the property OF the
4 United shall claim that
shall gard part of the public domain. and treat
such. That is all That does not say that il is ours
that the ndvd uals claim shall be forfeited. But says
simply this: that individuals with whom hold land.
who refuse in and make parlition-not that
shall consider them as having no title at all treating them
having al all, but let them come in and assert
their title TO this land But If they will not do II in the
way OF compromise, then we propose to CLAIM II ~ ours.
upon legal principles, with no favor upon our part That
! is what II does and nothing else
The senator seems TO think that will nc, unavoraby
TO those ndivduals-ihat il will induce them 10 think
United States Practically, haysno doubt that all who
have titles will come in and present them Men who
easily Iightened-the senator sapposes that these
will be frightened of their tites-will take the
alarm and and register their titles and take the
patent of the United States We give them every oppor-
tuny TO do his and any OF them do not 40 IT, what
are do Surrender ndiscrminately all the lands
in this State any claim matter whst,o say that
there is any clam TO the land, let the individual who
il yery ide and useless altogether But il we do not
that what 10 do' We must treat the land as the
land of the United States, must treat il as the land
of indviduals-one or the other must do. And II
the person folds his and refuses 10 present ms e
whatever il is and let's know nothing OF his claims,
how can we say that has a better title than = :
/ We must claim all or we must claim none We
must surrender everything individuals who pretend to
/ set up a title, matter how thin the pretence, or we
must consider every individual who refuses to present his
title having title, unless that title s decided IN
court of justice see iniquIty IN II, no hardship In
it, no nconsutionality in il There was. in the first
draught of this BILL the expression the individual shall
| forfeit his claim" That al considered ~ uncon
sutnlional
! Mr.. BERRIEN, Tin his seat) Not by the committee
/ Mr.. EWING No; not by the committee But in the
fra draught oi the bill the term used That was
wrong-that unconstitutional. But the provision
no IN il, that the land shall be deemed the property
OF the United States and treated the property OF the
United States. has nothing in the world m II but the
mere assertion OF title the part OF The United States
until the contrary is shown. 4
i Mr. BENTON. Nh President, this debate keeps going
on on the general subject, while there is particular
question pending.
The PRESIDENT. The Chair has stated the question
several times Senators have taken . range which could
not be restrained very easily.
Mr.. BENTON, II gentlemen. instead OF con6ning
themselves 10 the particular question before the Senate,
speak OF the general subject they force to reply and
present general views. assure gentlemen there will be
propositions OF amendment enough offered 10 every
point, either by motions to strike out to insert The
mentally wrong well wrong in detail, and will
have all its enormes laid bare.
Now, Mr.. President. wish state, since am forced
into general views that the first thing which has been
done heretofore in those countries where acquired
new people and new lands. q measure oil common