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


be disposed Of believe il is OF the utmost Importance
that this bill should be soon acted upon would hope,
'heeo,e the question be taken upon this amendment
whch nave thus mpertecily discussed, because desire
to save the time of the Senate When this shall be dis
posed o. shall feel my duty to ask the Senate to take
up THIS b and proceed to consider section by section
that we may have some hope of getting through with H.
| Mr.. BRADBURY suggested an amendment to the
amendment under consideration 10 come IN al the end oi
| II, AS follows:
P,ostdsd, hooeusr. That person shall be entitled by
than $40 land 10 Include hs seulssn, and i'm
povemeniD and that the shall not conflict with the
vaild claim oi any other person"
MIR, b. said My purpose, in sending this amend
men to the Chair, is 10 relieve the proposition OF The
honorable senator from Louisiana Mr., SouLEl from The
objecnons mat have been urged against IT. and TO ask that
he will adopt il as modification of his. II so modified
think there would be objection TO his amendment, as
would remove the apprehension that under cover OF IT
by large, invalid grants while it wonld still give i'm
poIian protection 10 the old Inhabitants Of the country
The bill as il stands arraigns the land titles throughout
the State and subjects them the test of law think
highly important that when such bill goes out to the
people there II should contain such provisions as will
prevent il ftom carrying alarm to the old settlers who
have been long in the possession OF their lands, and 10
the cities and towns which have recently risen to
importance, where great improvements have been made
costly buildings erected, and large portions OF some OF
them built up on lots sold by the municipal authorities
snce the late conquest of the country These sales may
turn out to be without legal authority, notwithstanding
they plead usage and necessity and the application OF the
real ate thus acquired and made valuable by improve
ment is he basis OF credit 10 mconsderabe extent
We know how delicate thing credit Is IN country
where every thing is and we should be careful not
create alarm by unnecessarily disturbing the basis OF
credit and nterrupng the business and the growth OF
the great centres of trade. There is no valuable object
enforce its claim lands within these cities, if their title
should prove TO be defective They will be suffered TO
hold and will in the end obtain confirmation OF their
proceedings.
II is with the view of preventing any alarm tina,
wish the bill to be guarded TO avoid all msconcep
ton, while the necessary measures are pursued for as
ceralnng and separating the public domain from private
property 1t already contains section which will afford
great protection most OF the cities and toWnsathough,
perhaps, further provision may be desirable on this
point
AS to the other class--the old settlers, who have,
some OF them occupied their farms from generation to
generatonas they may find great dIfcuity IN establish
ing strictly legal title before the commissioners and the
court, the bill itself should carry TO them protection IN the
piainest form. The argument OF the honorable senator
from Georgia, that they are secured by that provision OF
the bill which requires the commissioners to be governed
in their decisions by the treaty OF Guadalupe ldaIgo
the law Of naons the laws, CUSTOMS and usages OF The
government from which the claim IS derived, the prnci
plies OF equity and the decisions OF the Supreme Court OF
the United States, far they are applicable, does not
remove the whole ground OF objection. We call upon
every person before the commissioners and esiab
ish his tie and there may be many who may be una.
bic TO show any other evidence OF title than long con.
tinued occupation and Improvement The night 10 hold
by prescription against the government IS questioned
the amendment OF the senator from louisiana restricted
as have proposed. TO guard against possible abuse
have conferred with the senator from California lMr.
GwIN] on the subject. and | understand him TO be in
MIR GWIN Ii the amendment of the senator from
Louisiana Mr.. souLEl should pass, am in favor OF IN
Mr BRADBURY For the purpose OF quielng titles,
am in favor of going as lar as have Indicated IL can
be done wi,hou, any such encroachmen upon the public
domain as will prevent us from making ample provision
for the new settlers who without land. | am not
sure that would be prudent 10 adopt the amendment of
the senator from Louisiana aud leave It as now stands
although have listened atientyely TO his argument IN
lis defence As is not IN order TO move an amend
ment, shall vote for IT. and II is adopted shall then
propose the amendment which has been read but my
impression u.s. that, unless my modification is accepted
the proposition OF the honorable senator IRON Louisiana
will not be sustained
The question was then taken by yeas and nays the
amendment OF the senator from Louisiana, Mr. SouLE,l
with the following result;
YEAS-Mesns Benton, Bradbury, Chase, Davis of
Mlssis,ppi Dodge Of Wisconsin, Dodge OF Iowa, Rhe'
Sc ward, Shei1s Soue, aud Yuleo-ll
NAY5-Me.-rs. Badger, Baldwin, Bell, Bernen, Bor
land, Bater, cass, Clarke csy DavI. of Massachusetts
Hale Jones, king, Mason, Miller, Norton Norris, Pearce
Phelps, Rgsk, Smith; sprrs9ee, Surgeon, runey; ; un'
throp-T
So the amendment, rejected
Mr BENTON. move 10 strike out the fourth
ton of the bill of the committee, which is in these
words
a
ul for the President OF the United States to appoint an
aRent learned in the law and ked in the Spanish and
Eugsh languages, whose special duty shall be TO super
Intend the Of the United States IN the premises
continue him In such agency as long as the public interest
may Judgment OF the President, require his coutin-
uance and TO allow him such compensation as the Presi
dent shall deem reasonable !, shall be the duty of the
said agent 10 attend the meetings OF the board collect
ony behalf Of the United States and attend
all occasions when the claimant In any before the
board shall take dcpostons and no deposition taken by
or in behalf OF any such claimant shall be read in evidence
in any case whether bet the commissioners before
the district or Supreme Court OF the United States unless
notice the and place of taking the shall have
given 10 said agent to the district ator
pcy OF proper district long before the time of taking
the deposition enable him be present the time
and place taking the and like notice shall be given
OF the and place oil taking any deposition on the part
OF the United States"
Mr. President stated in the early part OF this discus
sion that direct of coDhscatlon OF the mass OF the
landed property in California would be mercitul IN com
parison with The manner IN which the people will be
worried and haassed OF their property by this bill,
II IL should pass. Those words considered by me
when spoke them, having in my view the parts OF the
bill which would sustain what said now proceed IN
one instance TO make good that expression and Tor The
purpose OF doing clearly and to show by contrast
the seyeny-tbe unparalleled severity with which these
peope are ueaed-l shall read some brief passages from
the early acts passed this subject during MIR
administration for adudicaiing land titles, and from
which in degree, this bill !. derived but with an
omission OF their most equitable features.
The particular point al present 10 winch ask he at
iention o the Senate is the law agent provided Tor IN
this judiciary bill and his power over deposltons, and
in the Jersonan acts OF 1905 for the settlement
of claims in upper and lower Douisananow States oil
louisiana and Missouri This is the clause IN relation
10 the government agent and his powers and duties
"Tba the Secretary OF the Treasury shall be, and he is
hereby authorized employ three agents. one for each