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

IpHo eue anu not equdutios lhtu
aud spectators on the other am The Oldest friend 10
the actual settler, undertake say, n1w exant--an
older advocate Tor The settler than any person this
noor for forty years. IN my legislative capacity, have
been friend to the actual settler. Forty years ago,
when my voice was young, with sense of Justice as
strong as now took the part OF the actual settler
speak OF my service FIRST IN the general assembly Of Ten
nessee ~ The year 1909, when the old settlers OF Nol-
chucky. Big and Little Pigeon and French Broad all
came TO haoxv'lle 10 save their homes They approached
me WIN ullndence-for was young lawyer and they
were AFRAID OF lawyers. and they did not know that
had feeling for the settler who lived up the head of
the creek, aad in the gorge OF the mountain and who
was endeavonng, amdst danger and prvalion. to get
nome oi ms own, and which spectators attempted 10
lake from him. took their part then, and assisted in
IN the Stale Of Tennessee / have continued in thar
course IRON that day TO the present lliend the
actual settler But the first actual settlers OF California
those people who, or their ancestors, went there
seventy years ago. no have been there for three gene
fa'ions. They such people Castro, who raised
seven and twenty children born upon the SOIL and who
are now 10 H. tor the land which the King of Spain
gave them-who to come here the Supreme Courl
Yi the United Sa,es 10 fight II out
sr am friend to the actual settler. and will do JUS
rre 10 evtry ure IN MS Vacto the actual settlers in
their places, and the new emgrans IN theirs. AS lar
have voice or vote, the new emgrans shall have JUS
nc they shall have and IN some Cases they
shall have donation They shall have justice done, but
not by any partnership with the Ualted States 10 attack
The land titles OF The old settlers And what OF
partnership would this make partnership at law, in
whci these interested parties would do things which the
United States would scorn to do. And, when they had
succeeded in getting the land from the old settler what
would be the division OF it, Where would the lion 3
share go! II would go 10 the United States, hr, to
those who fought the side of the United States Those
who had joined in the chase would lake all the game.
The United States would get none. Thus, while hafass-
Ing and punterlng the old settlers you will get nothing
at all.
| do hope the senator from Georgia will these
little amendments; that he will meet the objections,
give them up The little alterations signify nothiAg.
i6e odlous character OF the section remains exactly what
was, with or without these amendments. think thai,
tha I,un
SAID yesterday and after he has acknowledged The cond
ol The ction by attempting 10 amend II. he might
well give il up. and let on TO something ese for
God knows there enough in it TO occupy time
air. BERRlEN made inquiry in relation 10 the verbal
moved his amendment, and then proceeded
Now, Mr. President desire simply to say thai ii the
rudeness OF manner in which the senator from Missouri
thinks proper to attack this bill, and individually
the person BY whom 1t reported, affords him any
grancanon, lie has my Tree permisson to enjy IT, For
myself, Sir iall be extremely reluctant, forfeit The
respect owe 10 myself and 10 the Senate by replying in
a similar splilt. am here IN the discharge OF duty
winch has been imposed upon me by the Senate and ii
any supposes that such mode OF personal assault
can divert me from the performance OF my duty, can
only admire his simplicity. appeal To the Senate That in
the long OF service which have performed here,
have intentionally violated the feelings OF any
he of this body and the feeling which prompts 10
sucf enables TO estimate It's proper value
the opposite party.
Sir the purpose OF that section propose to amend
it, stated The Senate before, is SIMPLY 10 leave
tion Tor the purpose OF staying The emanaion OF a
PATENT after the confirmation OF The title OF the claimant
has been made By tue commissioner or by the court
suppose that there is human being at all SAINT
wun legal principles, who wond doubt The power oil the
government through The agency oi s courts To stay
the acton OF its officers What is proposed by line
bill s tha, the district Judge shall have power grant
injunction 10 stay the emanaton oil the patent IRON the
General Land Office The action OF the court, by the
section 1t is proposed to amend II, will be limited to
The injunction OF the judge 10 stay the action OF the Com
mis- OF the General Land Odce in the emanatlon OF
the patent suppose that there is no senator who hears
me who will doubt that this Is constitutional exercise
of the judicial powers of the United States and that s
the n hole effect OF this proposition.
The bill as II stood originally proposed 10 go further
and to allow the district court decide the question be
tween these conflicting claimants, as IN other cases
have said you why believe that that jurisdiction
can be given But have said to yoa also that was
originally purpose TO have presented this TO the atie
lion OF The Senate, and to have left them TO decide upon
lit | stand before tue Seuate, not upon mere verbal
amendments. but upon amendments which take IRON the
district the power decide This question OF conflict
ing claims between the arties tor no other purpose han
TO stay the emanaton OF the patent The senaor IRON
Missouri Mr. BENTON stands upon his constitutional
objection 10 that provision. have no doubt that he will
stand there stand upon my athrmance OF the constu-
oniity of the provision; and all that have to ask is
that as between the from Missouri and myself the
Senate will have the goodness TO decide In their de
cislon shall most cheeruly acquesce. His denuncia
tons OF the unconsttuuonaity OF the measure affect me
/ Mr. EWING. Mr. President, il is of some importance
Tin the framing OF this bill recollect what is the oh
ect of The bill, ana what Is our purpose IN presenting
and in sndeavoring pass The United States The
owners of all the land in California which not The
property of individuals vi this there isn doubt The
United States is the proprietor of very large portion o
these lands Our object is TO determine what lands
we will consider the property OF ndlvd and aban
don to them and to what lands shall assert the cai
OF The United States We might, perhaps, get along with
out any legal provision all Under the laws, every lndi
yidua in California may be forced 10 prove his
title in court OF JUSTICE and thus settle it but that would
be very harsh moce We may appoint the
propose appoint and take the mode we now pro
pose TO adopt and let individuals prove Their Titles IN an
easier and relieve those that have clear ute
or title we satisfied with, from the necessity ot
legal trial We do not act here as legislators We ac
great landed proprietor and we hold out propo-',
ton here 10 ind dviduals who claim titles upon part oi
the national domain before commissioners, the
agents OF the general government, whom we nave aP
pointed and show what title they have and those com
nissoners will examine those titles, and under certain
circumsl Ances will report 10 us, and we wi give 'he
claimants patent, and settle the difficulty OF all conre
versy thus far Now, that we have right TO DO hs
beyond all question We do not, IN TACT, settle me
titles OF any individuals, excepting those whose titles
we confirm The man who does not see nj to come IN
and assert his title to commissioners exactly where
he would have had this bill passedpsecisely
He may still stand upon the ground, notwhsand
ng The passage Of that he would have stood upon
liz no such bill had passed. for cannot and do not expec
10 Affect the title Of anybody whose title is secured oy
the treaty That is paramount law. We cannot touch
nor Is il proposed to touch H. lfan individual holds
title unIer the Spanish government and does not see
A. 10 20 to our he still retains that title
The land Just much his il we had never passed
this law Bot give him opportunity to adjust ms
title by mode which believe TO be much cheaper
easier and better for him than 10 adjust IT IN court Of