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

ate shall endeayor give simplicity. perspicuity anc
n'esioy 10 tue provision upon the subject, by rein
stahs as an amendment this section OF Mr. FREMoSrs
BILL TO which the senator from Georgia endeayo4ed TO
simllaie DIS amendment and justified his amendment
9p1n ,le ground that il came to the same thing as this
II mat Is the argument. let have the thing itself.
MI; WALKER. 1t is suggested by some senators thai
slight alteration in my amendment will make it more
acceptable and meet the objections made TO IT. 1t is to
strike out the words "operae as" and insert the words
Oe IN terms, so as to read as follows:
pr 'ptded hsieeoer That in avery case where patent
sha be issued The patent shall be in terms reinqush
patented and such renqushment shall inure the ben
en-, Of e na'enies or Of such Other person or persons
have the better claim or title thereto"
| The question being taken upon the amendment result.
ed-yeas q, nays 2i-as follows:
YEAS1-Msssr ss,- Baldwin, Benton. Bradbury, cass
ehuses Dickinson, Dodge of Wisconsin, Dodge of Iowa
Ewing, Esch. Miller. Norris, Pratt, Seward. soule,
NAYIss-Messrs Atchison. Badger, Berdsn. Borand,
Clay. Clemens Dawson, Dayton. Downs Foore, Gwn,
Wales-2i
So the amendment did not prevail.
Mr.. BENTON moved TO add 10 the llh section of
the bill the following:
Sand the law of preserp la favor of possessory
rights, as applicable TO Individuals
In presenting this amendment Mr. B. said When |
hst expressed my opposition to this bill, stated
one OF which was in leaving out what was good IN pre-
vioas bills now give instance in the words offered
amendment. They in the previous bills, and
are omitted in the from the Judiciary Committee
They the bill first brought in by Mr. Fremont, in
the brought in by the senator from California
present, in the bill which myself offered as an amend.
hiss that in all the bills heretofore introduced
on this subject the words have been retained which are
sent to the Chair to be inserted They left out
by the Committee on the Judiciary.
think the provision contained these words right in
itself and rest the argument in favor OF their present
lnseton not upon the fact that they have been put into
the bills every time by every person who has drawn up
bill the subject, although il is argument in its ia
vor but put upon the great ground that is right IN
itself, and think the Committee the Judiciary
wrong in leaving it out But before go any further,
Mr. President, | wish to make statement of an indi-
vidua application OF that clause which will place both
Mr.. Fremont and myself right in the estimation Of all
candid men That clause will have operation upon
Mr. FREmoNr's estate The law of prescription will not
avail him His grant is too young to be covered by any
prescription and not attended by actual possession
The clause present. then, will have effect in behalf
of Mr. FREMosr's clam, and therefore it will not be
necessary, in this instance, that there shall be exclu
sion of his claim by The law itself will leave his
claim out
Now, Mr. President the object OF this amendment is 10
bring the element of time 10 stand for some little value in
the adjudication of these land claims BY the bill of the
Jud ciary Committee the element of time omitted, and
no amount of time will stand for anything, although
three generations have passed away nearly since Cafor
MIA first settled. Now, sir, in all civilized nations,
and IN all barbarian nations, time an element OF title.
Possession and time constitute an element of title in all
civilized and in all barbarian natons and that TO such
degree that the shortest time OF rghtiu possession
index to title, which is good against the world until
perfect title made out. Even the shortest time is suf
hcient for this.
But, sir in all countries which have laws, in every
country upon the earth which has laws time, under
limitations becomes itself le and perfect ttle
against which nothing caa prevail The civil law pre-
scrpon is fair equitable and beautiful more perfect IN
its three degrees OF thirty. twenty and ten years, than
any of statutes OF limitation Even under the CON-
law, long possession, without any evidence whatso-
ever is full tte Sixty years full title in Great Brit
i, Sfata IN he InI0 pt
limitation, only varying in time, under which possession
title itself and il The possessor had the patents OF all
the powers on earth, he need mol show one
Now, Mr. President, how does the case stand shall
bring up a motion at another time-l only mention II
nowto test the principle OF this bill, which hold TO be
Fundamentally wrong subvesve of all principles Of right
and Justice and of the laws OF nations and civilized coun-
tries The principle of the bill is that every claim in
California from beginning TO ending, shall be deemed
bad unit, the party proves IT to be good This principle
say. has existence in right. in law, p any coun
try the earth. To tins principle wrong ITSELF is added
the rigorous and onerous details. shall bring out
amendments in future to test It, For the present, wish
whether the committee will be sustained in omit
ting from the composition of titles in California the cle
mens OF time and possession. ..
want to see whether the United States can do in Cal
iforna, by law which will be passed by Congress, that
which no in California can do-deprive defendant
OF the benefit of the laws OF prescription. II the Senate
refuse insert this clause refuse at once 10 give these
people the benefit OF that OF defence TO which they
are so well entitled II so, we overlurn principle as
old as government itself, and Of which the object is
quiet titles and 10 give peace IepOse 10 country.
his is the great principle which bring forward,
and upon which ask and shall endeayor TO get the sense
OF the Senate.
hold that the statute OF limitations often denounced,
and sometimes recured 10 very unIusty IN questions OF
debt, is made not merely Tor the benefit OF indvid
uals but OF property Tor the benefit OF the whole
community II is to quiet the titles to propery-to let
possessos know that, after certain time, they safe.
The tranquility OF the community is their object; and the
State has interest in having its citizens uanqul-tran
quill in relation to their propery-tha they may cultivate
ii TN ady taye. Al nj is
charge all their duties to society II is to the public ad-
vantage that cultivate his fields, not only without
danger but without fear-hat he should in
able tlme be safe and feel safe To give him that
ry and that feeling the object OF the statute OF hmIia
tons with respect 10 property
With respect to debts we know the object is little
different II is to supply the place OF evidence which
be lost But IN the case oil property real or per-
sonal, but especially real the object OF is rational
For these reasons these laws have been passed IN all
counties The law OF prescription as we have It IN the
civil law is the most perfect, most beautiful, and most
lust statute OF limitation devised upon earth. That
law OF prescription Is part of the law OF California,
derived through the Spanards from the Romans-one of
the benefits OF Roman universal conquess. The people,
each Tor himself would have the benefit Of that law If
sued by individual and is now my motion to give
them the benefit OF II when sued in by the govern
ment OF the United States
ask for the yeas and nays upon this motion.
The yeas and nays were accordingly ordered.
MIR. UNDERWOOD Mr.. President, If | apprehend
that amendment arigh IL seems to TO be The nlroduc
ton OF a principle Heretofore the general doctrine
has been that prescriptions did not against the gov
ernment This amendment, il ! apprebend il aright is
ex pres-yt to make the limitation applies TO ind
ernmept The term is, think that the law ol prescrp
tion as between individuals is in favor OF the posses
sorhe right of the governed against the government
Now, sir, il strikes me that is something new. Hereto
la.., hat rTtptinv