The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-01

SENATE.
| PRIVATE LAND CLAIMS IN CALIFORNIA
The Senate resumed The consideration OF the bill 10
ascertain and settle private land claims in the State OF
The CHAIR stated The question 10 be upon the amend
me nj of the Sc aator from Wisconsin, [Mr WALKER as
/ follows:
,.To add TO the 18Th section amended
sPyopded houeper, That in every where patent
shall be issued the patent shall operate as relmqushment
only title Of the United States the land patented"
Mr. WALKER. As there to be but little
attention paid 10 this amendment, | will state that
have offered it for the simple purpose of declaring
what senators have always expressed by their remak
to be their intentions From remarks made by the
senator from Ohio, MIR. EwINcl take il that he at
least draws distinction between the usual patents
granted and the qn-claim REIMBURSEMENT OF
clearly expssssd BY the hill that this Is the only object
OF the government, have offered this amendment
think it well enough express clear language in the
bill what we say an our places is our intention.
| Mr. BALDWIN | move TO amend that amendment
by adding these words
"And such relinquishmenr shall the benefit OF
the patentee or OF such other if any,
SHALL between him or them and the palentee have the
better claim or title thereto
The PRESIDENT. II is not in order to offer this
amendment The Chair will inform the Senate that the
bill reported by the committee is an amendment and
there amendment to that amendment pending
therefore it will not be order offer another amend.
MI BALDWIN. Then will give notice that if the
amendment of The senator from Wisconsin is adopted
| propose to offer this as an amendment
Mr. FOOTE. i attach no Importance 10 the amend
ment of the senator from Wisconsin ALL with all def
10 him, except in point OF view. think per-
haps may strengthen the bill by giving his yote and
perhaps two or three other persons the views
be has stated think the legal effect of the bill will be
the same without the amendment with it. am will
ling therefore, 10 vote for the amendment.
Mr. SEWARD called for the reading of the amend
ment TO the amendment.
II was read accordingly.
Mr. EWING. II seems to me to be carrying out what
think to be really the effect OF the BILL and explains,
distinct terms, what think be right | see no obec
ton TO the amendment
Mr. BADGER Notwithstanding what has been said
by the senator from Ohio [Mr EwING] is strictly correct,
yet think this amendment ought 10 be made because
II sanctions the idea that without the amendment this
patent would be something besides release of the hts
OF the United States In the krst place. the United States
can never undertake TO convey any title but their
and il perfectly clear that when upon the face of the
patent the United States consideration for the
conveyance. il have operation guarantee
the validity of the title which is conveyed In the
nature of the II must be release quit claim
Now, why put il into this bll except upon the suppos
hon that with this provision me patent will be something
than release OF the title of the United States !?
Why put II in, but to Introduce nto legislation
knowledgment OF principle which may hereafter operate
vcously For we shall, by adopting ii, if it becomes
part OF this law give The authority of Congress to this
proposition, that wherever under similar circumstances
patent shall issue, though without any consideration
paid to the United States for II, It will amount to
Thing more than release or quit-caim. Now, the
patent in this case cannot by any possibility have such
effect why put in proviso which implies that without
that provision il will in other cases have another and
further operation Besides presume if this bill be-
comes law, form will be selected in the General
Land Office in which all the patents will be issued
That form will express upon its face either by recital
IN preamble or by explanation added TO the grant
ing part OF the patent, the why the patent
sued and WILL net only by the nature OF the cause but
upon an explanation OF the instrument show that II
intended only REIMBURSEMENT st the title OF the Uni
led States. IL seems 10 me, therefore, that at all
events the provlso can accomplish no object that will
no, be accomplished without II, and, to me,
II may be instrumental in other cases for the establish
ment OF vicious principle, II ought not be adopted
Mr.. BERRIEN. The government OF the United States,
BY the treaty of Guadalupe Hidago acquired this terrific
ry Under the operation of The principle OF the laws OF
hons, and the stpulations OF the treaty. they acquired
only what the public domain Of the ceding govern.
ment Their duty, therefore, under the pledge given
IN The treaty, TO separate The public from the private do
man-hrst for the purpose Of fulfilling their stpuations
and secondly for the purpose OF enabling them 10 enjoy
That portion of the territory which they had acquired
which was public domain That is the purpose of the
bill, except that portion of it which is contained in the
thirteenth section. Now If we 10 STOP merely with
the fuhlment OF the pledge OF separating the public
from the private domain, we would have fulfilled our
duty 10 these people Mexican subjects, or citizens
transferred by that treaty 10 the United States Blu,
those people who have remained within the territory OF
Caornia, and who have become citizens OF The United
States, have claim upon the government OF the United
States for not merely the fulfilling OF the general pledge
contained IN the treaty by the United States bat The gov
eRmen OF the United States itself interested IN quiet
ing the titles Of these citizens to property which they
clam, Now, with view 10 that, while II is declared
10 The fifteenth section OF the bill that the decision be-
lore the commissioners before the courts, shall opc-
rate exclusively between the United States and the
claimant, and shall affect the interest OF third per.
sonswhile that declared in the fifteenth section yet
the United States, in the iulhment of this very duty
IfovJes the by which the true shall be
ascerained and that is, by stay the emanaon OF the
patent u this question Is decided by the competent
buDals. According 10 the amendment which has been
adopted by the Senate, when that question upon private
rights shall have been decided by the State tribunals
and that decision IL cerhed TO the government surely
The government is not merely making quit-caim The
sovereignty OF the territory passes to Inc government
lhe legal title becomes vested in the government The
question bat shall be absracted certain tract OF
land is determined 10 be the public domain. These are
equitable CLAIMS perfect and iDcboaie The government
has se decided the question OF private right and upon
thst decision the patent issued Surely the
meht mad nothing 10 grant, title could be derived by
me grantee lor THIS reason that IL is important that the
feauVe nights OF individuals should Lave been ascertain
eo py the judicial decision OF the competent tribunals;
and or The reasons stated by the honorable from
North Carolina, think that this amendment ought not
prevail
Mr WALKER. II there be anything OF any use in
Tins amendment IT has grown out OF considerations
brought before The Senate by older members than my
SELL and think, so lar as capable OF Judging. very
properly brought before the Senate. The senator
nom Massachusetts who sits iurthest from me tMr.
inquiry 10 the Senate Why provide in this bill Tor the
issue OF patent at all But it - provided IN the bill
ilal aent shall issue. Now. 10 whom does this patent
issue other than the individual forward with
me clam and substantaes it before the board II he
subsiantates II, he makes good title To himself and
Wby would inquire. the senator tom Massachusetts
has done, issue This patent. in addition to the title thus
made good before the board oil before the
district or Supreme Court can object IN T. But,
az The patent Is 10 issue and go into his hands, while there