The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-29
THE UNION.

NJ. BENTON. With respect to tbs rsmsrk Of the
senator from Georgia that he will not reply TO my gene
raj ienunclaon, he had only 10 Iecocct that SAID that
would make everything special in the progress OF my
opposition 10 this bill; that would move TO strike out
and insert until could have special trial upon every
point There will be specifications for the consideration
Of The gentleman from Georgia, and enough OF them
now, su do not mean 10 detAln the Senate, but have
three lhnks to say, and all brisf.
he hrsl Is, thai II astonishing that gentleman
who has attained his enaence the bar who has climbed
70 his elevation AS lawyer, should undertake TO shelter
hmsc'I behind The opinions the writings Of young
man, VINO, perhaps, never read law-book. ! think II
strange that lawyer oil that ensnce should undertake
10 shelter himself behind such anthorlyan authority
which, perhaps, never opened law book Bat whal
follows aier his undertaking to get behind thai young
man That the mere attempt to shelter himself behind
hun bas exposed in glazing colors than could pos
sbly have done IT, the two great plumbers which he has
committed. Sir Mr.. Fremont, now paying the penalty
OF has early exposures confined his house and unable
10 go even 10 look al his own property with no chance
OF returning here for he does not know how long, now
has his opinions quoted his absence, when he is 5000
miles on IN order to bolster up and 10 justify The TWO
plumbers which have been committed IN ms report
owe AZ TO HIM. sir, TO speak for him. and to let II be SEEM
lime TO thnk-tha there is nothing in his bill to shelter
The two blunders which have been committed He pro-
vdes Tor no trial between other persons and claimants
no such thing He does not even provide Tor the trla
the original possessof TO the present holder he Designed
me commissioners court TO try no such question:. Ihe
the original holder, be shall state the deraignment Of
tleEe shall the chain OF evidence, and not even
prove his chain He is to state il for the norma
lion OF the court And alter that if there IS anybody
without the law, and which they are dong everywhere
nile caoeat against the ISSUING OF the patent TO the per-
son in whose name the affirmation is made. The only
lhngiha Mr. Fremont does il to authorize eapeat TO
be fled or the purpose OF preventing the issuance OF the
patent TO the person whose name the animation Is
made After that the trial takes place upon that causat
het thn mar
law. That takes place when the United States are done
with IT, when they have parted with the land There the
parties may settle i between themselves ny la" su
That is one OF tile blunders which is contained in the
bill which has been reported BY the Judiciary Committee.
from which bnnder the senator from Georgia has yaIhly
eadeavored 70 get shelter behind Mr. FREMONT But,
large as is il is The smallest OF the two. There comes
another inslanter, larger than that. and which Mr.
Fremont, little as he knew about law, was incapable OF
intending In all his provisions to go upto the circuit
court the trial be between The United States and the
party The United States Is 10 be party 10 IT, and under
the United States the district court has jurisdiction OF the
case But the moment these collateral trials are INTRO
duced between individuals for the la Of questions OF
and tuum-thank the gentleman thousand times
for those two Latin pronouns-thc moment 1t becomes
question OF mere meum and iuum OF nine and thine and
they the inhabitants OF the State, At becomes d-
feent question How does the circuit court get hold OF
il. How the circuit court try any such question as
this. which the bill Of the Judiciary Committee sends 70
Though no lawyer, as he ID not he could not commit
such legal blunder as this
Mr. BERRlEN. | certainly, sir, have not designed to
shelter myself behind the absent senator from California,
nor have any disposition TO shelter myself under the
wing of the present senator from Missouri. answer
these denuncalons OF bunders by merely stating that
the senator from Missouri, IN my Judgment, does
not apprehend the provisions of the bl which he has
been talking about | said before and ! repeat
now, that the proceeding which is contemplated by
this bill, far At is necessary 10 separate the
public from the private domain, Is proceeding be-
tween the United States and the individual. But SO
far it is necessary TO determine TO whom the patent
A. A,,r fcluI
ceeding between individual and individual referred to
The bill prepared by the absent senator from California
because supposed it 10 derive any authority IRON the
fact OF his authorship OF the authorship OF the scna-
tor from Missouri bat because it OF the bills re-
ferred the Judiciary Committee, and which we were
therefore, required to lake into consideration
Now, SIR, stated thai substantially the provisions
OF that bill identical with those OF the bill which
has been reported by the committee and that the emily
difference is that the committee have provided specihca
ly the means by which Inc objects OF The bill may d.
carried ont The proof OF that will be Obtained by read
ing The sections 10 the bill which was referred to thu
committee in the thirteenth section Ills declared that ht
decision in favor of claim shall in all cases innre
the benefit OF the present lawful owner thereof but M
deraignmen of intermediate title need be proved, gu
only alleged; and any person claiming adversely may
file caveat against the issuing Of patent 10 ms preu
dice until the contested night Is duly decided IN cour
Of justice but that such caveat shall have no euec
upon The progress OF The claim TO hnal decision NOW
sr what thus affirmed by this section OF the oil
That the decision upon the claims shall nure to the ben
eh OF the present lawful owner; and any person con
testing the claim shall file caveat alter which paten
shall not until the right is duly decided m court
Justice Now what are the provisions OF this bill, IN,
provso OF the thirteenth section of which the senator pro
poses strike out ianoiher section having declared
that the decisions between the United States and I'M
claimant should be conclusive only against The Uniel
States and affect the right OF third persons Thu
section, following out the idea contained IN the bull which
referred to The committee, provides that any ohe
person shall aege title, instead OF hlng formally
caveat he shall present petition to the district Judge
and the district Judge upon hearing that petition and III
evidence NAV II he thinks proper, grant an injunction
which will stay The emanation OF the patent and the
the case shall proceed in other civil cases Whei
this section OF bill provides that no patent shall issu
until the contested right is duly decided 10 court
Justice il provides in general terms, what the bill re
ported by the COMMITTEES has specifically provided Tor
But "A greater bluBder, in the hardly parliamentar!
phrase which the senator from Missouri suffers hmsel
use, has been committed by the Judiciary COMMITTEE
n relation to the urisdictlon OF the circuit court II tn
question OF jurisdiction is to be seriously contested be
fore the Senate will be necessary, suppose, to refe
to books, for Invested of all authority npon III
subject Sy the declaration that | have committed blum
ders greater than those which a gentleman who neve
opened law book would have committed. apprehend
alter the argument which has been heard from the eena
tor from Missouri he will no, be considered quite con
elusive authority upon question OF jurisdiction, jars
dction may be given however would say Tor the con
OF the Senate the courts Of the United State
to execute law OF the United States and this Is IN
tended as law OF The United States With these obser
va,ions. perfectly willing TO have the questio
| Mr.. SEWARD moved that the Senate do nd
ljourn. ,.-.,
The question being taken, upon division was rejected
1 MIR. DOUGLAS That is not quorum.
The PRESIDENT. II does not require quorum L
decide motion TO adjourn II requires quorum to pro