The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-11
CONGRESSIONAL.
sPEECH or ma. BENiON
or MISSOURI,

saaHs or MISSOURI,
On Land Titles in Calorn,a and IN reply to Mr. GOin,
dseSOsrsd N the Stxats January 8 and 0, 1881 e
MIR BENTON said There are fundamental errors
in the substitute bill presented by the senator from Cali
fornia In the first incepon u the very hst ine there
isa fundamental error is that of sending ALL these
claims to board of commits who not even
judicial tribunal without distinction OF complete or In
c0uplete II sends all claims before the board for tra,
weost making any @ ns perlses S sn@ s
and the nchoae titles In constituting every board that
has ever been constituted by the United States heretofore,
the law has made distinction between those which
utilities and those hch impeect and the law went
upOn the assumption which the Supreme Court decared af
teswsrds sanctioned. that full tile perec, in ITSELF
and that Congress could not abolish IT, The Supreme
Court always kept up the distinction which the original
laws made between that which complete and that
which was inchoate or inceptive And while the Su.
pree Court held truly that The Congress OF the United
States neither could BY direct words nor by any species
OF legisation condition, destroy the title which
full and complete, a. The same time declared that we were
bound to carly those which hchoae and inper-
feet The United States into the shoes OF the gov
ernent which had ceased TO exist and bound TO do
whatever that government was bound to do leaving the
has been the principle of every bill from 1904 and 80
obviously right is the principle that il needs no argu-
mehi % support it. Now. the bill q the sensio.
hedhsfece between the perfect and the imperfect titles,
and hands them all over from beginning 10 end, to the
same process the same trial bt fore board, before dis
lrict court and before the Supreme Courto the same
iorfsturethe same return into the mass of the public
lands, II the conditions are not complied with, and de-
csions are not obtained in their favor.
Sir said yesterday that the substitute bill before the
Senate il carried into effect would be violation Of the
law Of nations, violation Of the treaty Of Guadalupe
HidalGo, Q violation OF the laws OF Mexico under
which the lands settled, violation OF the capitula
on and the procamations under which the people sub
mitted TO cease fighting the government of the United
States and now add that ii 1t s carried out It will be a
plain downright and outright violation OF the constitu
ton Of the United States add that to it. and will
make that good
Il sets out with three commissioners. who to be ap
pointed by and with the consent OF the Senate, and that
makes board. board Of commissioners is not au-
thorty known at common law; it has jury, and none
ofhe rights OF court unless they arc given to by stat
is to work against the claimants those who have
perfect titles in their hands.
The second section provides that all Persons-I ap
prehend that would include everybody, old and new set
TIERS inhabitants OF towns or inhabitants Of the country,
white domcilated lndians inhabitants of pueblos
or missions, as well as those upon rancho 1t s "dH
sons elai;ng lands n California by vtus Of any right
ak"ihose which perfect well as those which are
ncepive So that he who holds by full t'le perfect
title which would be questioned nor disturbed
which would never require any further be done
about it, except to fix boundariess here required TO be
brought up and is subject to have his home returned into
either in the event Of decision against him. or in the
even. Of his failing TO do things which .hIs oil requires
and when they get there, there is another thing seen
in this board never before Witnessed The boards Of
commissoners heretofore established by Congress
supposed TO act impartay. and TO examine thoroughly;
and whether the idea carried out not yet II was
Intended 10 Be the case and was not TO be case be-
fore these boards, in which either the skill or the arts OF
an attorney be brought TO bear to eoard
% ns bos1d y eonnssioners % e ons.Sy which an at
orney be brought into the court TOR the purpose,
either by his skill by his arts, OF destroying The claim
Of any person beioroSthe board Not one This bill
stands number one OF that kind Of proceeding against
property
Fst brings forward every claim. perfec, or imper.
eSane. is .9S Of h. then
vdes attorney 10 come forward before that board OF
commissioners 10 attack these claims. The word attack
not used but know what an attorney Is; we all
know that and when he comes into court il is to gam
right wrong by law this will be an attack Sir,
there no previous law that has been passed by Con-
gess Tor establishing board Of commissioners ;nat SUB
and merely ncepve to such proceeding not one that
ever subjected them to all the arts Of attorney
.iooes and .;iend ne ~ 10 the several claims bsha5 Of
NE United Siass" Why, sir be s no, put upon the foot
ing Of prosecuting attorney, who is bound to act fsy
Ss q, re
Their bsAo" ID TO take away the land from the claim
ant in order grant TO otheslor know we grant
all our lands now even hundred millions oil acres at
Now, Mr. President, what is to be the operation OF
this All personslndans, well as white pesons--aIe
to come before this board OF commissioners thus cons
iuled with lawyer appointed the part OF the Umted
States and the next line provides that there Is 10 oe
marshal sso to attend upon the board All are TO appear
there; every who claims land, right or wrong. OF
however long he may have been settler there, whetne
II may 1--we passed succession through the hands OF
three generations no-each and every one - to come
up and they he subjected TO the skill and The ar'
OF an attorney in attempting 10 take their lands from
them.
Sir what 10 10 b. the operation Look at the practi.
cal operation, cir. OF this bill Apply it, 20 along with
the working Of it, and how operates. In the hrs
place. take notice. there nxed in the law when
this formidable board is to Sit Heretofore u mas peer
considered part OF law which was 10 try peopiet
rghn 10 fx the time and place. 30 that people before
hand could have knowledge Of the time and place
where their rights were be tried and that they NIGH
prepare for sccordingly There no such thing in hi,
substitute bill II is lett for the President OF the United
States To x the time and place. and there may be as
places = be psases TO fix. aad far OIL suppose ne
will leave 10 the attorney apprehend the President
Of the United States neither has much knowledge on
subject like this time to give to its details and ne
must leave TO the stofney TO x such places and times
be may chooee, whether responsible or irresponsible
But will suppose that A. the matter presses, a.
hiec1y desirable that may be known that the vacant
may Be Ak possesson of BY the United States the
Of III ts inquiries early in the ensuing sprng-say 10
'Ai rgT s. sss, g = be III. condition Of c.toni. Sup
poe tts dine fixed il the second Monday in May. OF
any ohef time You choose, what 10 be the condition Of
ali California on that day Every that claims land
nght d wsonk, much or little, white domcia-
ted indn svsry is 10 30 up on that day and to ap
pear before thai high commission court; and when he
sees LAWYER there on the part ot the United States
asain him. will be want m attorney on hs SIDE also
TO fight thai lawyer Cerainy be Will but there nc
provision in this bill to put him on IN equal foouns with
ihe UnAd Sstes. and to have his lawyer TO ngh, also
MssAe would b his privilege OF appearing there ever
with hwyeT miserable would be the poor Rrivle9'