The republic., 1851-01-29

sums of five dollars
The amendment was then rejected, and the reso-
luton adopted.
SALARY OF CHEF DISTRICT
COLUMBIA.
The resolution submitted yesterday by MIR. DA-
Wis. of Massachusetts. was taken up and agreed to-.
Resolpsd, That the Committee on the Judiciary
be instructed to inquire into the expedency Of ma
king some further compensation to the Chief Judge
of the District of Columbia for his services in cases
of appeal from the Commissioner of Patents
COMMITTEE CLERK.
The following resolution, submitted yesterday
by Mr. BoRLAsp, was taken up, and, after debate,
was agreed to.
Resoiued, That the Committee on Printing be
authorized to employ clerk at the usual rate of
compensation from the commencement OF the
sion.
PRIVATE LAND CLAIMS IN CALIFORNIA.
The Senate then resumed the consideration of
the bill to ascertain and settle the private land
claims in California.
The thirteenth section of the bill now reads as
follows:
ind be IL further enacted That all lands, the
claims TO which have been finally rejected by the
commissioners in manner herein provided,
which shall be finally decided to be invalid by the
district or supreme court, and all lands, the claims
TO which shall not have been presented to the
said commissioners within two years after the
date OF this act, shall be deemed held,
and considered as part, of the public domain
OF the United States; and for all claims finally
the said district supreme court, patent
shall issue to the claimant upon his presenting
to the General Land Office an authentic certificate
Of such confirmation, and a plat or survey of the
said land, duly certified and approved by the sur
yeyor general of California, whose duty it shall be
to cause all private claims which shall be finally
frmed TO be accurately surveyed, and TO furnish
pas of the same; and in the location OF the said
claims the sad surveyor general shall have the
same power and authority as are conferred on the
register of the land Office and receiver Of the public
moneys Of Louisiana by the sixth section of the act
create the Office OF surveyor Of the public lands
for the State of louisiana approved third March,
1881 Prorided alipays, that if the title Of the
claimant TO such lands shall be contested by any
other person, it shall and may be lawful for
such person file [present] petition in [tol
the district court [judge] OF. the United States
for the district in which the lands situated,
plainly and distinctly setting forth his title thereto,
and praying the said court [Judge] to hear and de-
| termine the same, copy OF which petition shall be
served upon the adverse party thirty days before
Lhe meeting Of the court TO tchich Il is rei,Unabe,
and the subsequent proceedings thereon shall be the
in Oisr ciDil cases, time appointed for hear
! ing the camel Provided tHGtsr, That ii shall and
may be lawful for the district judge of the United
States, upon the presentment heariDgl Of such petit
ton, to grant an Injunction TO restrain the party at
whose instance the claim to the said lands has been
! confirmed, from suing out patent for the same,
I until the title thereto shall have been finally de-
cided copy Of which order shall be transmitted to
! the Commissioner Of the General Land Office; and
thcreupon patent shall issue until such decision
Mr.. BENTON moved to strike out so much ofths
section as il contained in the first proviso.
Mr.. BERRIEN moved TO amend that part of the
bill by striking out the words in italics and insort
ing those in brackets.
Mr.. BENTON said that on yesterday he had ex
amined this section, and had told the Senate its de-
fects and errors. He had shown yesterday that it
was fiagrent violation of the Constitution of the
United States, and Of the Judiciary act. TheSena-
tor from Georgia who had reported the bill had
vainiy endeavorcd to shelter the blunders Of this
bill, by referring to the bill of MIR. FREMONT. Mr.
FREMONT had read the Constitution of the United
States, and could never have framed such section
as this, plainly vioatve of the Constitution. The
Senator from eorgia had placed his bill behind that
of Mr. Fremont which was no authority for the
blunders; and. il it was an authority That bill con-
tained no such provi-ions this scction instead ST
being an authority in support o; .his section, 1t was
decidedly the reverse.
He then pointed out the particular points in the
section which he considered unconstitutiona and
said that these objections had been submitted yes
terday; they were important; they furnished
hook large enough to hang man upon. But the
Senator from Georgia, instead OF withdrawing the
whole section, came to- day with his pin hooks to
pick out proposition here, an article there, yero
in place, and noun in another; which, II all
granted, would not change the principle OF the Sec
ton.
This section Of the bill allows man to be pur-
sued and hunted in the maintenance of his title.
He has not only to defend his title against the Uni
ted States before the commissioners and courts OF
the United Sates, but against the attorneys OF the
United States, and all the arts and bubbles OF law
yers but after having gone through all this. every
body else may come In and dispute his claim Any
body who chooses, upon hing petition, can nave
his patent stayed, and he IL then compelled to
meet this contestant, and go through again all the
forms and proceedings of the court.
There no limit to these third persons They
may come in any number; he con be attacked in
front, and in rear, and on both TANKS at once. He
ha~ araI t,nftn an IL,
days. He may be attacked in every quarter--in
front, rear, in both Hanks, and ALSO as the oil
French translator of the Bible represented Samson
shifting the Philistines, on back and belly. He re-
peated the dread and aversion entertained by the
Spanish settlers to lawsuits, and the opinion, that
sooner than go to law to maintain their rights they
would abandon their lands and fly the country.
He had always been friend to the actual set
tiers He commenced defence OF them two AMI
forty years ago, when a member OF the General
Assembly of Tennessee. He had continued to be
their friend ever since But the actual settlers Of
California were those who had gone there seventy
years ago, ard who, like Castro, had seven and
twenty children born upon the land. These were
the actual settlers. This bill would amount to an
act of confscation.
Mr. BERRIEN said that if .be rudeness of man
with which the Senator from Missouri attacked
this BILL and hm personally, afforded the Senator
any qualification, he bad his free assent 10 enjoy
that qualification to any extent. lie had his duty
to pc, form, and would perform it, Notwithstanding
thought he could be deferred from the performance
of that duty by dcnuncaton aud rudeness, all he
had to say was that he could only admire that per-
sons extreme simplicity.
Mr. b. then defended the section, and maintsined
its perfect consistency with the Constitution. he
said the Senator from Missouri stood upon the un-
constitutionaty Of the section; he stood upon the
avcrnent Of its constitutionaty. Il was for the
Senate to determine the question. With their dc
csion he would be content, but the denunciaiop OF
the Senator from Missouri affected him not.
MIR. EWING explained the section under con
sdcraton, and maintained its justice, propriety,
and its consttutionaiit-.
Mr.. DAVIS, of Massacuu9e.ts, spoke oil other
sections of the bill, and expressed objections
10 them.
Mr.. BENTON said that each provision Of the
bill would come up for consideration. lie had nu-
merous amendments ye. 70 offer, and in this way
the necessity for discussing oSLcr sections would be
obyiated He again expressed the objections to this
section. lie said the Senator from Georgie ha1
been suddenly seized with paroxysm of dignity.
He bad nothing to do wit. tbe Senator it was with
his biz lie was dealing During tis forty six years
OF legislation on the subject Of the public lands,