The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06

ators from Connecticut and Wisconsin should haye CON
sdeed this Of the ACT OF 1882 precedent iof
the amendment which they now advocate The nfeenth
section Of the substitute bill reported by the committee
relates the final decision oil the district court or Of
the Supreme Court, upon the claims which shall De pre-
ssnted ADD declares that these nna decisions shall
be conclusive only between the United States aud tbe
claimant IL desired 10 annex TO that provision thai
The patent which shall be issued these decisions shah
only be conclusive between tue United States ana the
claimant and shall not affect The interests OF third per.
sons The amendment OF the committee contains pro-
vision that any third person, having claim 10 properly
finally conhrmei, may present his claim, stay me e.han
alton of PATENT and may in The mean time resort to
The State tribunals and have his Igbt adJudicaiea ana
yet negectng all his II he SITS with folded arms ,hu
allows the patent 10 emanaie, II Is uien 70 pa, aoeou,s
to the amendment OF the senator from Wisconsh' noun
ing more than REIMBURSEMENT OF tile on Inc pat Vi the
United States And this Is founded, II Is sao' on
precedent established in the Louisiana case WOW, w
was that precedent Has II any application TO Inc pro-
vision under consideration No, SIR not The sishes
The sixth section OF the act OF 1881, IN relation 10
louisiana provides that wherever there are claims con
frmsd the boundaries of which may be in conflict The
register and receiver shall have the power 10 settle those
boundaries according the agreement between the par
ties if there has been any; but II there has mol been,
they are settle them according to the principles OF
equity and Justice and the surveyor general shall nave
the plats surveyed accordingly.
The provision 10 which the senators have referred L.
that neither these decisions. nor those surveys nor me
patent which may be issued upon them shall Affect me
interests OF third persons, and shall ne conclusive ohy
is that provision! There IS question OF conncuhK
boundary between confirmed claimants The settlement
OF boundary is to be affected BY the register ana re-
ceyer, and their decision, and the patent which shall
issue therenpon guOad hoe shall be conclusive only Pc
tween the United States and the claimant But !! al
has the least application to the anecedent decision
made by the and the courts, where lhere
is no conflict of boundary, and such are the cases whch
il is proposed to cover by the amendment Our safer
unquesonaby combining ourselves 70 inc es,ao
lishmen OF tribunal which shall ascertain what are prI-
vale claims leave them TO decide upon The facts as
| to the validity Of The claims which are presented
Mr.. WALKER. The last remark OF the senator seems
be very correct, and taken in connexon win Wha'
said the other day by the senator from Massachu-
sets, [Mr DAVIS, think the committee ought to have
stopped short little OF what they have provided IN TINS
bill think they ought TO have left out that clause
which provides for the issue OF the patents Tor another
section provides that the government shall treat lands 10
| which claim shall not be established or to winch a
claim shall not be preferred in years, part OF the
public domain of the United States That OF Itself sepa-
it from the private domain without gong further
the committee propose to provide Tor the issuing OF
patent and they refuse TO say to what extent ina
patent shall be construed think that either this amend
ment ought be adopted the clause which provides
for the OF patent should be srken out from Inc
| bill
The senator tries to avoid the force OF the precedent re-
ered by the senator from Connecticut IN regard to the
Louisiana case and says thathat provision relates 10
settlement of the boundaries OF the claims IN Louisiana
Is that of the questions to be settled IN Cafor-
MAJ Is not part OF the duty Of this commission 70
establish the extent of these claims and 10 ascertain
where are there mees and bounds! That is evidently
enc of their duties but when they have performed IT,
and found how much land and what land Is the prop
eriy of private individuals, the committee do not stoi
with negative declaration in their bill that The govern
ment will not treat 1t as part OF The domain OF the
United States but they further and say that II is 10
be treated private property and 10 be decided away as
private property.
The case in Louisiana is certainly not precedent for
this bill as it now stands The legislation Of the
Try in tina, instance will constitute precedent for the
bill of the committee This particular There, when
Congress speak of the patent at all they dec AIRED
what should be the force and effect of the patent 1t is
proposed BY the amendment that shall do the
The senator from Georgia Mr. BERRIEN] says We have
no precedent for II say that here is precedent, where
the moment patent is spoken OF the declaration ia made
as 10 the force patent shall have And why not dc
ii here 1t is not done IN this case unless my amendment
be adopted We are going great ways. as The bill now
stands, and would be well Tor US 10 De cautious IN this
matter.
The says there provision in the bill OF the
committee which enables third persons 10 come IN and
contest the right OF the first claimant to patent Expe-
rience will show, think. that there many persons IN
that country who, under the provisions OF this BILL will
have the contest before the patent shall be
finally issued and il they do contest and wish TO come
the higher courts since the motion OF the senator from
Missouri strike out that provision which requires the
prepayment, OF costs has failed the esul. will be tina,
the great land Chalmers in California, the owners OF
eleven leagues square, can put down all small propre-
tors all small claimants, and finally &c, patent which
will purport TO be conveyance them. The small pro-
prieors may much they please, but will
do them no good They will be swallowed up by the
grea, ones. That is the result which would guard
against ITlenuly 10 NAN provisions OF the
1t is well digesed system and easily comprehended Ii
is simple and plain, and most OF its provisions papable
But here be provision that lacks an item and
have, therefore, oterei the amendment declare what
shall be the force and effect OF the patent.
/ Mr. BALDWIN. notwithstanding the remarks made
by the honorable senator from Georgia. appears
that the provision which have read in the act rea-
ton 10 lands IN Louisiana is precisely analogous 10
the provision which il is proposed to add TO The bill
under consideration BY the Senate. That act for
the establishment OF the Office of surveyor OF the pub
lie lands the State OF Louisiana. Ii made provision
the survey OF all the lands 10 which individual claim
ants should have established their title, between them
and the United States Plals were to be laid out BIZ
the surveyor and patents issued But il foreseen
that there might be in WHICH the unlte4 States
would be willing to relinquish It's llle where there
the right In order to dvest the Uaited States of its
ttle lar these claims incboate and imperfect II
was necessary that the land should be surveyed. OF
course, II there conflict between erent iudivldu-
ais, II became necessary preminarly TO the issuing
the patent that some board should be constituted 10
ascertain, between these individuals where in fac,
were the real boundaries that the government of the
United States could issue It's patent TO this
tanmenl OF boundary But Notwithstanding the patent
was thus 10 be issued 10 the person who might be supposed
to be entitled as between themselves thought pru-
dent that this decision and the issuing OF the patent
not impair their rights between themselves, but tina,
those holding them should be entire liberty TO carry on
the controversy ultimate decision before the proper
| tribunal That is precisely what the amendment pro-
posed by the senator from Wisconsin Intended effect
Now, without come such provision this there might
withsiandng the government of the United States would
be willing to relinqush lis title, might be compe
tent Tor the party who should receive the patent OF
The United States 10 maintain either action law