The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-29


s Of concurrence in the remark Of the senator from North
C4lons. that. he had had the principal duties Of ths
Commiltee Audit and Control the Contingent Expense.
OF The Senate 10 perform, he would long ago hAss ssss
Mr. BRADBURY was al one Tins chairman OF the
Committee on Printing, and had occ~sion 10 Know some
thing Of ths exlen. OF the labor required ~
BY The clerk and nhe remarks o. me memoefs
of the committee, that il is very essentia iof them 70
have clerk. and much 90 upon mat han upon any
other committee.
The resolution agreed TO-
CALIFORNIA LAND CLAIMS.
The Senate resumed as IN COMMITTEES OF the whole. the
consideration oil the bill lSenate 346) 10 ascertain and
elIs hs ptivsie land claims IN the State OF California
The pending amendment was that OF Mr. Benton, to
ssrike out the iIst proviso in the 18Th section.
Mr. BERkiEN ! 90 not know. or. whether can
under cold desired yesterday il had had The power
give ulteIance to my views upon the subject to have
said TO the Senate in relation TO this section, that my
pSss in drauxhting had BEEN when should come under
consideration 10 present this double view OF the question
Tor their judgment The bill il is, provides that
when third person shall inerpose claim to lands
which have been confirmed by the commissioners the
courts. shall be competen, for such third person 10 ME
petition before the district judge, who may. upon me
psosentment OF the peon grant an injunction against
the issue of the patent That Inoncor being notified TO
the Commissioner OF the General Land once, Will stay
the OF the patent until the question shall DC de-
cded The bill in lis present form proposes mat there
after such should be had would decide the
rights Of the claimants in the district court as in
other other civil cases.
a moment seriously entertain doubt. The judicial
power Of the United States extends to all arising
under the constitution the treaties and the laws OF the
United States. Here is bill which is proposed to
II will then become law, the object of which is to
carry into effect treaty stipulation OF the United States
The jurisdiction OF the courts OF the United States TO de-
eide upon any case arising under such law, appre-
hend il perfectly incontestable But am quite aware
and 1t that view which wished TO present to The
Senas-,ha with some senators there may Be d,sposl,
ton to admit the jurisdiction OF the courts OF the United
States under this law to decide such questions but al the
time leave the question 10 the detail OF the
titles OF the 1si 10 haUs
stated to the Senate yesterday my disposition very readily
10 acquesce. The result OF that would be that the dis
junction for the purpose Of the emanaon OF the
patent until the title decided, or until sufficient
time had elapsed in his Judgment TO afford an opportunity
OF conesting the title. With the view to test the sense
OF the Senate upon that subject have prepared amend,
nents which wish TO submit II is proper for me to
say that do not TANK Il is important that this transfer
should be made from the district courts OF the United
States the State courts because the decision OF the DIS
trct upon this question OF conflict OF title between
claimants would be decision made solely with a view
TO the emanaon of the patent and could not decide the
matter unless that court had final jurisdiction upon the
subject to decide the question Of title as between nd,-
yidaal claimants the legal iitle was vested ~ IN.
title would be transferred to the paentee but II better
and more equitable title existed in the country that
patent would hold only against the government In
every view Of the subject, therefore not necessary
10 make the change but it will perhaps simplify the pro-
seedngs to allow the district Judge 10 inlerpose merely
for the purpose Of staying the emanaton OF the patent
until the question Of ute decided, until sufficient
time has been allowed for The purpose OF obtaining that
decision. Then the question OF title, as between these
two conflicting parties, involving the legal well as the
equitable title, will be submitted TO the State tribunals
With this view, in order TO ascertain the sense OF the
Senate, / will submit the following amendments
Mr. B. then submitted his amendments which being
sGreed to, the proviso would read as follows:
PROVIDED aiioays That il the title of the claiman. TO
such lands shall be contested by other person, shall
and he lawful for such person 10 present petition To
the dsct Judge the United States for the district in
which situated, plainly and distinctly setting
forth his title thereto, and praying the said Judge to hear
nd determine tho same, copy OF which shall be served
pOn the adverse party thirty days before tho lime aP'
ointed lol hearing the same"
IA lengthy debate ensued the report Of which will ap
pear hereafter