New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-29

in that part moved TO be stricken out.
Mr. BENTON said that yesterday he bad shown
this bill to be fragrant violation OF the Consttu-
tion Of the United States and OF the Judiciary
Act 1t proposed to give United states Coa'ss,hs
right 10 try issues meum and tuum between pri.
vate citizens. The Senator from Georgia bad en-.
deavored to shelter himself behind Mr.. Fremont
but Fremont had read the Constitution OF tie
United States and could not have made such bun
ders. The bill proposed TO take away mus
land bv a decision Of these Commissioners. This
was blunder Fremont's bill instead OF sas
tanning this bill, was the reverse OF it. These OBJ
iections be urged yesterday, and they presented
hook strong enough to hang man on, bat the Sen.
e,er from Georgia does not come forward 70
challenge the principle, but contents himself with
using pin books, picking out nouns, articles, con-
functions and propositions, leaving the hideous
section still in Its deiormity. Inc OH allows the
United States 70 bring q man into court 20 de.
fepd bis land. and after beating the United states
and its LAWYERS with all their bubbles and tricks
IL allows every body else to come IN and jump
on his bsck-to attack him IN 'front.' and 10 rear
and on both TANKS They can cover hm with petit
,iops they ian smite him as an old rench trans
lator of the Bible said Samson did the Philstines
back and belly. He was always the friend OF act.
ual settlers-commenced his support Of them 10
lsC9-when in the General Assembly Of Tennes
see and has continued II till now. Actual set.
tiers in California were those who went there &C.
vepty wears ago they were such persons as Ca
tro who had seven. and. twenty children born on
the soil. He again denounced the Dill as uncon-
stitutional and hideously unjust
Mr. BERRIAN said, that II the rudeness OF man.
ner and language III which the Senator RON MIS-
souri attacked this bill and myself affords him any
qualification he is at perfect liberty 10 ENJOY him.
self have my duty to perform and Il any one
supposes can be deferred in the performance Of
that duty by such denuncistions, all have 70 say
is, that admire bis simplicity. He then explain.
ed the bill as doing nothing more than enlsrsng
bv ACT of Congress the jurisdiction OF I ;. Cour.
This he held to be perfectly constitutional Toe
Senator from Missouri stands on It's uncons'lta'
tionality. ask the Senate 20 decide between
us. WI be content with its decision--den1a'
Citations By the Senator from Missouri Affect me
not. 800
Mr. EvlSG supported the bill.
Mr.. john DAVIS stated his objection to another
part Of the bill.
Mr. BENTON, again addressed the Senate,
showing the objections 70 the Bill lie said the
Senator from Georgia was seized with sudden
Daroxysm of dignity. He dealt aot with the Sen
stor. but with the Bill-snd the Senator by his
amendments today admits the Bill to be all that
he had represented-during Legislation OF iorty-
ak wears he knew no precedent Tor such section
az this-and il the Bill had been referred TO the
Land Committee, this section would never have
appeared. 81, mn,
Mr. HALE thought that part of the Bill which
said that unless the claim was made within two
wears. the land should be deemed the property Of
OF the United States, was unconstitutional.
Mr. BUTLER differed with the Senator from
New.Hampshire The bill in effect was only
partition among several parties-it any one're
fused TO make known his claim, his right was
taken from him, and when the Government should
patent lands to some one else, he could prove hI
claim in Court The bill was most oenlgnant 70
the claim ants; it allowed them TO show then
claims and get United States patents, thereby
making them good for ever The bill proposed
divide United States land from private property
but be hardly thought the United states would
have much Of it, If any was laid down as public
lands, it would be given away for railroads, OF
under some bill to give everybody farm or to
give all the lands to States. He did not know
but the best way was to give it all TO California
and let parties fight it out among themselves. Il
would then be a great place for lawyers. lie
was in favor of the bill. 1t was clearly Consttu'
tional
Mr. EWING explained that should any one 20.
fuse to exhibit his claim for two years he would
be exactly in the same position as il the bill had
not passed.
Mr. BENTON replied.
Mr. BERRIES's amendments were agreed 10.
Mr. BENTOE's motion 10 strike out was rejected
Yeas 10, Nays 81.
Mr. BERRIES offered several minor amend
ments, which were agreed to.
Mr.. WALKER moved to amend by providing
that patent granted by the United States shall
only be considered as REIMBURSEMENT BY the
United States. Adjourned.