The weekly Butte record., 1867-06-29

lag TO carry through tllis House ills I4liieTnla
measure. without the proposed amendment. Eaicl
can cnly be done BY coa4iYIng at The overthrow o.
the whole land policy Of the government. Now.
protest against this Int0erzble iohb7ia- in tais
House a. tie great peril OF honest legislation and
intended. at least 10 sway the views OF members
from decision q public questions upon their ner
its. But this HoGse, | know, i eager for other
work, and now demand vote upon the amend
meat- In view Of the principles Involved, l low
ask The House TO give ne the yeas and nays upon
the question.
Nj briggs. ask unanimous consent of the
House 10 make person al explanation.
No objection was made
Mr. Drizss. As 4 member o. the Committee On
Public Lands, and as Of the parties who signed
the paper that has been read 10 the House, desire
simply 70 state tnat " hen the question came up,
considered that il was ny privilege 70 investigate
the facts and TO decide accordingly, jas. a. much
as il was the right and privilege OF the chairman
or any other member Of the committee. When
tie question assumed the character OF great inter
] est which il came 70 assume IN the committee,
felt il NY daty when the vote had been taken. and
il was decided to report the bill with the amend
ment, 10 give It a still further aui more thorough
investigation. After doing 80, found that the oc
eupaHis OF those lands had acquired title from
Yalleo that they had gore ca aud cultivated and
inurgved the Suscoi ranch and that they had been
sustained that title BY the decisions OF the courts
bat that after various labors aud workings on the
part Of men interested. the title was SET aside by
the Supreme Court. Immediately, like so many
crows around a carcass. these men who claim TO
be bona fde prtemptors entered upon this land
cut down the wheat fields, removed the buildings
took possession OF the land. and erected their shan
ties. On this they base their claim as preemptorS.
Now having n ySeit been q register Of the United
States Land Office, believe the law regulating pre-
emption was designed for the benefit Of those who
eater upon the land Of the United States and cul-
tyate and reduce it 10 actual settlement not those
who 60 in and avail themselves of other people :
improvements | think that considering all the
questions Of law involved, il would 0e right that
the matter embraced in the amendment should at
some future day be referred t. the Committee on
the Judiciary, that they may report upon the legal
questions involved. | think that the proposition
~h9aid not he attached to this bill! For this reason
/ with tye other members OF the committee signed
the paper which was read.
Now it was said by the gentleman from Indiana
fMr: Juiidul though do not say that he intended
70 impnen my inoty9s that We had been driven or
eoaXrd into signing that paper ny the gentleman
from California Sir, deny this. I affirm that o n
the questions coming before me in this House
THINK rs Independently and act as conscien;i1usly
a the gentleman from Indiana
Mr. Juiian. do not think made that state
meTt.
hr. briggs. I understood the gentleman II say
that the members of the committee who signed the
paper had been eoaxel or persuaded into doing 50
by the opportunities of the gentleman from Cali
lJruia.
Mr. Julian. said that the gentlemen had been
importuned very perSis'ently Int did not say that
the inportnity had made any impression.
Mr.. briggs. one wo more and shall conclude
for do not wish to treSQass the pa-ienre of the
House. VIII state hat after the chairman of the
committee had decided that il was unparliamentary
to reconsl Ter the vote waich had been tdkeu-lter
had made an unsuccessful eii rt TO protUre re-
consideration which the chairman stated could not
be done. with i've other members of the commit
tee signed the paper which has been read. When
he says that that paper is not creditlble 10 the
memlers signing it. he Is a little like that man on
a jury who said the other eleven Jurors were -
stubborn that he could 90 nothing with them. That
Is all desire to say.
The Speaker. Debate is exhausted. a. the pre-
viuG, question Is now operating
Mg. Wilson, OF Iowa. | ask unauimouS consent
Of She House to make inquiry in relation to this
bil
The Speaker. i there objection?
There was no objection.
Mr.. Wilson, OF Iowa. Mr. Speaker desire a,
ftr possible, to do what j. right in reference To
this case and hence | wish to understand what are
the facts in gard u several points on which nv
vote may depend. In the first place il ! correctly
nndcrsraad this l1nd j. now subject 70 the disposal
of the United States; that IS the title has not vet
been perfected in either Of the parties claiming it,
understand further that the oplaioa of the Attor-
rey General j. TO the effect that the preemptor has
M right which the Government is bound TO respect
until after he has completed his purchase | also
understand that these other parties need this lezs-
aton ia order 10 perfect their ti;le. | desire TO
En whether the passa~e If this bill under tins
stare ot facts W9HlG NOT confirm the title IN the
first claimants ard prevent any legislation hereat-
Ter for the benefit OF he second claimants. l have
not heard this question discussed. and should ike
to have an answer on the point from some member
who has given his attention tn this subject
Mr.. Julian. ! viii say in answer to the gentle
man inquiry that there two classes OF settlers
in this case the settlers uuder the void grant and
the pTeemptors. The act ot ls63 defines ard de
;ermncs all the rahts q, tle Vallejo claimants ua.
DER the void grant. Tie preeaptors' claim has
reference u land which j. not occupied and settled
upon nj all by tle Nalieio claimants. Is is their
ptecmpUQu rights sought % ee overturned bv the
opinion e. the Attorlsy General, that desire 70
save by tie amendment ot the committee As re-
ported.
Mr.. Wilson, of iowa. desire to know what
ehect the passage OF this bu vii have upon the
rights os paJtes claiming under the Vallejo title.
Mr. BJwoN. Without this amendment the pas.
sara o. The bin viii have ~ effect upon them what
ever.
Ng. Jalaa. Without the amendment 1t will ex-
pe-g every one To-, these pue-mplaC, 30 tie GSlrpa-
ton aud rpaciiy OF the Taliei, claimants.
Ar. Wilson of Iowa. My object in asking this
question : 90 ku0w whether the passage u this
lil viii 50 far dispose of the title n the land en-
bracel in the Vallejo grant as 20 prevent any ac-
tja1 the part 0f Congress hereafter or the pro-
lection OF ali persons who are claiming PIE
emptotS. That WIS my obiect.
Sir. Mdwell. lt carefully guards the rights Of.
pyeemptorS.
Tie question recarEeL on tie following amend
ment:
P,oridsA hotcsrcr. That the act Of Congress
entitled An 2ct 10 grant the right Of preempiiol
to Certsin purchasers on tire Su<cal ranch in Cal
ioraia,4 approved Nar.h 3, I>63, shall not he 50
construed as TO Interfere with the clams of bona
.fdc settlers or the sald lands who had settled
thereon sni were claiming preemPfionS. in accord
ance with the laws OF the United states, prior TO
the time Of the passage ot the ssii act.
M Bidwel demanded the yeas and nays. with
the following resuit Yeas 50. nays 9l, not voting
6l-So the amendment was rejected
The bl VAS ordered 70 a third reading; and i.
was accordingly read the third time.
Nh AeRaer demauded the preFioas question on
tie passage oi tte hiN.
The prevloas question was seconded and the
main question ordered; and uadVr the operation
thereof tae oi was passed.
Nj McGaer moved 10 reconsider the vote by
which the bill was passed; and also moved that
thu motion 20 reconsider be laid on the table.
Tie lattey motion was agreed To.
Address Of George c. Gorha,r,. Union Cam