The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-03

whatever have done upon this subject, MIR President
am dsineresied. IL is what believe Just 10 people
who cannot help themselves In whatever Mr. FREMONT
has done this sablect he has been dsnerested act
ing according TO what ho thought was Just 10 ihe people
of the country which have acquired And II Is not
his my intention that there shall be prelext Tor I'M
peachng his disne RESIDENCES nine My bill especially
provides Tor appeal to the Supems Court OF the United
States in every in which JOHN CHARLES Fremont
shall be concerned.
Now SIR having made this general notice of the nature
OF my amendment, will offer il, and have
prntsd a. / Dresume The Senate will not act upon II
without general reading
The motion 10 print the amendment was adopted.
MIR. GWlN. Mr.. President when called up this bill
a few days ago. the senator from Missouri Mr.. BEN
rosl is reported 10 have made the following statement
Upon looking the amendment believe that when
ansss full Senate 70 suend 70 It'll shall be able to show
the effect Of the blu will be violate treaty with
Mexico violate the law violate the procla
nation Commodore Stockton violate the capiluatIon
a MSg.,sy snd The seS, q WIN be dsspo The old
The senator his speech to-day has proceeded 10 SUBJ
santia,e these charges against the bwi,h what sue
will leave TO the Senate and the country 10 decide
after the discussion closes.
Before proceeding TO reply to the senator's remarks,
wish call the attention OF the Senate TO the personal
bearing Of the charges brought against the bill by the
senator in the extract have read The amendment to my
colleagues [Mr FREMoNr bill, adopted by the Senate
committee OF the whole and before for action,
was presented by after full consultation with my col
leagues in the other House, [Messrs. GILBERT and
WRGHrl 1t therefore presents the views OF the dele
cation from California, except my colleague, Mr. FIRE.
MONT and Tor the principles imbodes we are respon-
sble to our constituents and TO the country. II may be
proper remark that prior to election, my colleagues
Messrs. WRIer and GILBERT and myself declared our
opinions in favor OF this mode Of settling private land
claims in California and especially that important pro-
vision granting both the claimant and the United States
the right OF appeal for final adjudication to the Supreme
Court OF the United States These were our opi9osns
was the opinion Of my colleague Mr. FREMONT before
his election may be inferred by the following extract from
letter addressed by him to his personal and political
Er ion Mai IacOh X
lated among the members OF the legislature and through
the country, before the senatorial election took place
81 regard the claim Mariposa in the light
any other vested right 1t purchase fairly made
and have always supposed that al some future time the
validity The would be settled by the proper courts
and satisfied await that decision, whether II be
favorable Otherwise, and in the mean Time leave the
god now, free all who have the industry to col
There were number of candidates for the Senate and
House OF Representatives, every of whom, far as
know in favor OF the principle of leaving the final
Supreme Court of the United States There may have
been some difference OF opinion 10 the preliminary pro-
ceedngswhether they should take place before board
OF commissioners the district courtsbut none, so tar
as know believe, the tribunal where they were
! to be finally acted on.
| / have made this statement, Mr. President, 10 show
that the indictment filed by the senator from Missouri
[Mr BEkToN] against this bill covers broad ground in
California, and arraigns nearly all # not every man IN
the State, who asred to seat in Congress on The organ
izlion OF the State government Aud sir, go further,
and say far my knowledge extends, the landhod.
OF that country desire this mode OF giving them !,
nal and speedy adjustment of their claims There may
be exceptions, but have with them-and freely
the Stale ascertain far as could the opn
probably deeply h Interested d
in pecuniay point OF view in these land claims any
in the State, has bad frequent interviews with
since brought this bill before the Senate, and has de-
cared his unequyocai preference for of my col
LEI ague. made some immaieral amendments 10 the bill
at his suggestion and no man more anxiously desires
lis passage than he does. He says, what every who
knows any thing OF public sentiment in California must
say, that DO board OF commissioners, whose decisions
! IN favor OF land Claimants IN that country would be
final, could command public confidence, no matter how
distinguished lis members may be for learning, talents
and integrity Ii would be impossible for the decisions
of such tribunal if favorable 10 the large contested
claims, be carried into effect without boodsbed There
is not power enough IN this government TO enforce such
decisions in that country Sir, the senator says this bill
despoils the old inhabitants OF California OF their lands
BY whom is tins charge made By senator represent
ing State far removed from California who is in way
responsible TO the people of that State Tor his acts And
against whom broug this heavy charge of despong
portion of the people OF that State of their lands The
entire delegation from California in the other House and
one o her representative here. Sir do not profess TO
be very familiar with the history OF pariane eptary pro.
ceedings this body but venture 10 say that be-
fore IN The history OF government has the delegation
from State been thus charged by member o either
1 house OF Congress with breach OF treaty obligations
aud the law OF Nations the result OF which the des
polling OF portion OF their constituents of their property
This will be the commencement of a in
gressona history and hereafter il will be the practice, il
this precedent adopted Tor congressional delegations 10
De aFfagueu lUOst representing OF the
coniedeacy and charged with the offences against
their constituents Members OF Congress have been
accused OF asking for their constituents than Con
gess thought them entitled to- but this is the first instance
within my knowledge that they have been charged with
despoing their constituents 10 enrich the general govern
ment
The position OF the delegation from new State is al
all times lecaie and their duties arduous They, If any
members OF Congress- entitled have extended
them the generous confidence OF their associates Forced
by the necessities of their State to bring forward many
important
a TO the prosperity of their constituents, and subjected
to be assaed al home by Jealous rivals and persons whose
private interests may clash with the legislation Tor the
benefit OF the State at large charged with doing too little
by some and too much by others; and, matter how
pure their moves falsely assaed by base and unscrupu
ous caumnators. with egslating for their benefit -
member OF Congress from State Just admitted into the
Union has 10 pass through ordeal that can ap
preciae until he tries IL do not wish to be understood
complaining OF the charges made agains, my colleagues
and myself by the senator from Missouri am prepared TO
meet and reue them am not here the representative
of any separate portion OF the people OF Cahiorna-the
land owners, or those who have no land ] represent
the State whole, and intend, 10 the best OF my
ability, TO do justice every portion Of my constituents
my hands They shall have far it is in my power
give il 10 them the full benefit OF the treaty oil Gua1a
lupc Hdago, and the usages and customs of the
ment by whom these claims were granted Like other
citizens OF country they must abide by the decisions
OF jndcal tribunals, and II their claims are founded
in justice they have nothing to fear
shall now proceed to examine the arguments oil the
senator from Missouri and ask OF the Senate an impair
tial decision between us. To most OF US who nave
fornia The arguments the senator has used to-day are
ouie familiar This ia not the first he has used them