The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-31


years after the date of This act shall be deemed held
and considered part Of the public domain OF the United
States, etc, The answer to thai. II understood Inc
senator from Ohio, that it did not affect anything
because, by the treaty. which hy the constitution OF The
United States is made the paramount law OF The United
States these titles were good. Now, hold to be IN
just and unsafe legislation to insert provision IN act
which at the time we insert has for excuse Tor IT'S n
saron only that it is harmless being repuenani 10 the
constitution Of the United States think il is better not
The PRESIDENT. The amendment is upon differ
portion Of that section and not upon hai part OF IT,
Mr.. HALE. Perhaps have been led ssuay by the
discussion that has taken place
The PRESIDENT. The Chair is aware that the dis
cusson has taken a very wide range
MIR. HALE. will take up the time OF the Senate but
for moment think il is unwise TO introduce into
provision which is palplby unconstitutional and
the only for the insertion OF which is that il can
do no harm. il is unconstitutional think i, is clear
that il admitted by everybody learned and unearned
that il there be grants OF land valid at the time took
this land by treaty, these grants Of land are preserved
valid by the treaty. by the laws OF nations and by the
constitution and II is not competent Tor Us to disturb
them Well, then. every body will admit that SO far
this act upon ITS face upofls to dves these niles Is ~
constitutional sinnpskaiiss. Aid Gap laye Q Plsslle
effect in application 10 those titles, which became
vested prior to the execution OF the treaty of Quad
aIupe Hldalgo. These titles are good. perfect, and
paramount to any Of our legislation, and II we
undertake to divest Them we undertake 10 do what
we not competent TO do Then II there IS any
meaning IN tins provision OF me 'aw lh's act does
in years presented TO this commissioner That Is
the meaning OF il, as | understand H. The provision
says " all lands &c
Now il is said, if understood The senator from Ohio
that this land will be held by the owners notwthstand-
ing this act. Tha, may be. cir, the clear and naked
principle OF the law bat wha, is 10 he the operation o II
upon the andholders themselves lheya are foreigners
speaking dieren, language lfom US, not acquainted
with laws they do not know OF the execution OF The
treaty It's provisions they never heard OF the comms-
sioner OF the United States; but here comes with
the great seal of the United States saying that commts
sion, organized under the government OF the Uniled
.upIk Tho
existing laws they dvested Of them. Well very much
apprehend that the practical operation OF 1t will be to
drive of the old settler because he sees the great seal OF
the United States he the law by the authority OF
which it issued and he mag not be sufficiently versed
in the provisions OF the treaty by which the land was
eeded e him. or The provision OF The constitution ol ,he
hind this legislation he has title valid by the treaty and
by the constitution.
Now, this is difficulty, and the only one that la6ors
my mind because do not care one cent abou, the de
tails OF this bill, but leave them to those interested But
when great principle involved and 10 be violated
by tie enactment OF law, must Withhold my consent
from it, and i,om the passage of the bill until is obvI
aed In throwing out this suggestion about this dith
Gully trust that have not espassed upon the proper
respect due the respectable committee who reported
this bill intended nothing of that sort but merely de-
sired to have my mind relieved OF the dlculles which
! have thus stated TO the Senate
! Mr.. BU TIER. | shall not take any part in this dis
cusson further than place myself proper relation
to the bill. II committed 10 tue Judiciary Commit
tee; and as thought the safest course-and believe
submit il gentlemen who were well acquainted with
land claims, and my friend IRON Georgia Mr. bER-
hiEs was pIacsed N courts hasng psdh1ps pd more IN =,
his opinion almost entirely. In iact may say, that
have had responsibility N nasslng upon any OF the
questions that have been dscu ssed here-not that
tired from consultation atoge ether but did not give my
attention to il from Tie fact that had perfect confidence
in those who had charge OF the bill
i Now, must be permed TO make one remark and l,
is general remark. that by act of legislation either
by the federal or the Stale gsaiures, can any man IN
country where the common law prevails be deprived OF
vested right We may pass this bill as we please but
| If any man have rignt founded upon pre-exstug
grant your OF legislation cannot dives hm OF ms
right The whole object OF tins bill. as have under
stood ii from the beginning was 10 institute something
like commission that should conduct proceedings IN
rarition-and nothing nor less than that-and TO
give opportunity to the owner to come m and aege
what his htIe was, and produce his title. And il is the
interest OF those who have good titles to come IN as soon
they can, and file their claim soon as practicable,
before these commissioners should institute proceedings
in partition Ii bis claim should be allowed, It Is worth
something TO hun; and il claimants have two years
allowed them in which 10 make this assertion, and do
not come in, can answer the senator from New hamp
shire very well by saying that, prma Jaee what Others
have taken oil, when they had an opportunity 70
claim it, what has been thus assigned 10 them, II IS
fair to presume, forms part of the public domain OF the
United States But il patents should be granted to any
individual individuals for any part oil II that was no
sublec, that action would have effect tor grant
would prevail against your legislation, no matter wha
may be the form OF IT,
d Now allow me 10 make another remark in regard 10
another feature of the bill alluded here As far
strikes me, though have great respect Tor gentlemen
more conversant with land laws than am you canno
by the acts OF this commission divest any man OF his
right All that you do, frequently done, pre-
sumo in every court where the common law prevails, s
10 writ OF partition 10 make their assertion 10 inc
court Well, the commissioner comes out, and says
lay of this land TO this man. and that land 10 another
man. &c, letting Indi viduals perhaps, and take on
what the United States do not intend to clam But II an
individual has prior clam, he is not even then by the
operation this bill divesed Of his right he sll has
right into court and not only night 10 come
into court, but right IN that court 10 have an the
forms and avail himself of the provisions OF the Magma
Charta He cannot be dvested of his land except by me
law and the judgment OF his peers. This bill could not
affect ethe wise There alarm, then, which u seems
TO me unnecessarily excited Then, suppose that The
individual is dissatisfied with the court belowihe DIS
at he han right appeal TO the Supreme Court
all the advantages which the constitution gives nm
This act is but decara,oy ACT il only declares that tins
land shall be declared part of the public douainand 90
il ought be for they do not take of what individually
they entitled to within two years, It ought TO be
declared to be part OF the public domain but that dec
araon does not necessarily dvest any man OF his right
i Now, my friend from Georgia Mr. BERRIES] has pro.
posed this mornnghat s under stand he has proposed
simple proposition be met, confued or evaded
his claim and another individual says is not yours but
my claim, the court shall have right TO stay The pro
ceedings ill II is known to whom II beongs-it ~ 10
issue order that when in and asserts ms
claim what another has already preferred claim me
shall have right to decide to whom the land snail
I belong, and then have the patent issued to h'm
Now il we have no bill decide what is our own pub
lie domain what we to do' We are making great
struggle however. am afraid to ascertain what belongs
i N n,ted and ma he worth