The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-08

loed to him by the tribunal especially ,phen ey reat
Ger thai there ts no right pOwer their part % conpe
letter and spir q The treaty his rights wheaerer he mag
choose 70 assert eEa IN his ray court Of justice
The commissioners adudicated the cases the bills ex
hibits and depositons OF all Of which the law provides
that the counsel OF the government shall have due and
! timely notice as the cause progressed.
The commissioners who first appointed held as
understand that the requirement Of the statute compelled
the holder Of Mexican Spanish grant 10 show COM
pance with all the conditions upon which the grant
e whether they conditions precedent subsequent
This was departure from the principles decided long
since IN the ArredOndo from Florida and has been
rected in several from California lately Indicated
by the supreme Court Of the United States. mention the
TACT In this place however merely TO prove that under the
rule established by the board c0nfrea claim has been
well hacked by counsel and court and that adverse
decision 10 The United States should be the signal for their
withdrawal from further litigation with the claimants.
Certainly, under such rule, II the claimant has met
tho requson of the law to exhibit perfect chain of title
connecting him with the government, and tine requson
OF the commissioners to prove every condition appenant
to the grant the United States should be satisfied TO let
the patent ISSUE and should accept that proof that the
party has claim that deserves protection under the treaty
But unfortunately for the holders of these claims the
law provided for appeal to the district Of the Uni
ted States for California from the decree of the commits
sioners Here them 10 second tribunal before which the
holder OF a clam-corered by treaty stipulatonmay
be brought to gate for his property ~ s gogerameat
He is passed into the hands Of OF law officers
The district attorney has the transcript Of the record made
out and upon it he assigns of fact and law He is
thorzed also to take proof The stands tor trial
at the first term; but the Judge may continue good
shorn Is there lawyer in this House who does not per
ceve that tile appellee started upon the Of
uncertain litgationY Parties may die revivors and bills
OF revtor must be filed probably nonresident heirs
absent and unknown heirs to be brought before the
court Is this fair upon the part of this government Is
this the proper manner sir in which TO execute our
treaty that inures 10 the benefit of the holders of these
clams But suppose the claimant to have succeeded again
in procuring confirmation of his claim by the decree Of
the district Of the United States for California is
he then safe2 All, no, Mr. Speaker, the law provides
from this decision Also and compel that poor claimant
before the Supreme Court of the United States hold
ing its sessions in Washington city The case is here
tocketed In its order and awaits its turn among Other
causes before that tribunal The claimant must compen
safe counsel to watch the progress OF this litigation through
these three tribunals and il is beyond controversy tha
this litigation must long years before 1t by
possibility, be brought to close Remember, sir, that the
antagonist of that claimant through all this litigation
h's goser"me"t Ay, sir, he United Aates who bound
themselves by the treaty of dago secure that claim
ant n his rights, and TO him HIS property, ask
every in this chamber if this is the manner in which
he is willing TO that treaty executed by the United
SatesI Is IL not perverson Of uscea persecution OF
ehoder Of the Spanish Mexican claim instead OF an
honest execution of treaty stipulation which was intended
for his benefit?
But Mr. Speaker we hare not yet traced the law which
congressional Abeay provided for these people through
the whole extent OF its operation One would suppose that
when the grant confirmed by the Supreme Court OF
the United States and its mandate had issued there was an
end of all possible controversy but not The claimant
6o that general
claim at the expense of the claimant and then the claimant
is TO this survey the Office Of the COMMISSIONS
Of the General Land Office at Warrington city and there
await the issue OF his patent Well after having thus trav
ersed a continent three tines and having would
suppose exhausted litigation with this government is ths
claimant yet assured of his right? No, cir by no
means. He may be merely ut the beginning Of
the troubles which government and government officials
have in store for him. The law provides that any per-
son interested may file bill in the district court
Of the United States for California and IL he makes
a o
why the patent should not issue the district judge
grant injunction against the issuance OF the patent
aud this order filed n the Office Of the Commissioner Of
the General Land Office Washington shall operate
prevent the patent from being made and de
yered to the claimant until that injunction is discharged
dissolved SO that you this claimant at the
threshold Of a new lawsuit and this government con-
siderate Of its attitude in the that it will execute
Its treaty obligations until these parties have set
tied their controversy Nor Is there Limitation upon
the repetition Of this procedure for many bills may be
filed and many njunctons procured there persons
whose Interests may induce the desire TO obsruc the claim
ant In the procurement Of his patent and this delay
be and would be- carried by heavy combination against
particular claim through more combinations than al
gebr could make upon the hinoma theorem In the
of the Marposa claim, owned by Col Fremont the Supreme
Court OF the United States issued its mandate In favor
Of the claimant and when that fled in the court be
low the asute legal officer Of the United States took
steps and again appealed from the decision Of the district
court to the Supreme Court years delay the con-
sequence and this dismissed that second appeal and
Mr. Fremont by the energy Of counsel succeeded In get
i
Californian who has been fortunate from al this largs
4 class Of claimants under the treaty hare been thus
minute In tracing the operation Of this law the prepara-
on made by the United States for the litigation the
agents and counsel obtained the delays Of the law
in order convince the House that nserd Of being lib
era and paternal government to and distant people
whom bound country by treaty 10 protect in their
Just rights the United States have been made 10 occupy
the attitude and relation them Of hard oppressor and
most ugant bent upon grinding them 10 dus,
under the iron pressure Of slow oruresuch torture
az only protracted lawsuit always s Ell. r... ~.
Bat the tale Is not yet told There has been amend
ment Of the law, which invoke public attention Sir
found that amendment at the last place in the statute
book whore should have expected 10 meetitin appro
i priation bill Yes sir In appropriation bill, TO which
the subectmatter had about much relation would
the substance Of distant planet have the substance
OF the earth IL in the appropriation bill Of 1852 and
will be found page 90 Of the tenth volume Of the Stat
utes at Large win read II for the edfcation OF h,
Il House:
And In every case which the board Of commissioner
private land claims in California shall render final de
oision II shall be their duty 10 have two certified Transcript
prepared Of their proceedings and decision and Of the
and evidence which the ounded OF which
transcripts shall be filed with the clerk Of the proper district
court and the other shall be transmitted to the ATTORNEY
General Of the United States, and the Sling Of such
crpt shall so faofo operate appeal tor the part
against whom the decision shall be rendered and u suci
decision shall be against the private claimant shall be HI
duty file with the clerk aforesaid within
months thereafter of his intention 10 the sppsal
and the decision shall be against the United States sha
be the duty the Attorney General within sir months ae
rsccriag e ,ransor, TO notice 70 be filed with tn
clerk Aforesaid, that the appeal will pe prosecuted by th
United States and failure Of either party 10 Gle suo
notice with the clerk Aforesaid the appeal shah be rcgadc
as dismissed"
Here then is a new feature entirely in governmental
Rbsraty Not content with the discretion Of law agent
associate law agent additional counsel and district attor
ney, the government nerposes NE AHorney Genera