The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-16

SANE belonged 70 citizens OF the United States.
Arr IN Mexlcans who, Ia the Territories Aforesaid
republic contornaby with what Is STIPULATED IN ihe pre-
cedng article shall be Incorporated into the unon OF te
United Safes and be admitted the proper time 20 be
Judged Of by the Congress Of the United ae) lie
yment OF all the rights Of ciizens oil the United States, &C.
coding the principles Of constitution and, in the
mean time, shall be maintained and projected in the free
enoye OF their liberty and property and secured in the
Tree exercise OF their religion without restriction"
Here is not only assurance but absolute stpu.
a.ion, that their property should be nvloaby respected
that the shall be at liberty 10 il at their
pleasure, selling it and removing with the proceeds as
they think proper And, in the lace of this positive slip
uaion Tor the involabe respect OF property here rs
bill for the impeachment and for the destruction of their
titles for the depreciation of their property for rendering
il useless and vaueess The title IS impeached the very
instant il il carried before the board That very instant
the treaty is violated So far from being respected, the
title arrgned, the value depressed AT least half
three-quaTers Do not all know that the value OF the
unconimed laNds in Louisiana were snnk half more
The confirmed titles are those which the United States
have endorsed The unconlirned are those acted upon
the commissioners reject and bring before Congress We
all know the operations IN regard to these unconned
claims they arranged, invalidaed; they cannot be
sold bene hciay improved, being al The time liable
pay taxes and to be sold upon execution and thus
ont OF the hands OF the owners Tor little or nothing
Now, in this treaty, there is peemptory stipulation
against this nvaldatlon OF property II is not to be
peached violated destroyed in any way. That is the
stipulation in the treaty and yet this bill goes 10 the de-
sruction OF the whole for the property be sold
any advantage while the title s thus impeached And the
owner cannot 90 with any Improvements for ne does
nfN KNOW 10 WuOn lnO>c Improvements pe W otton5
He do nothing His arm is p1rayzcd; his heart is
sick; he looks and looks helpessy to foreign coun-
try TO its and to its justice He may beg but
cannot demand; he may suppcae, but cannot enforce
his prayer He 90 into court but must
to Congress- legislative body which, God knows, has
more 10 attend to besides than they able TO do.
have shown by the treaty that the scheme OF this bill
is a violation It's eighth and ninth arcles | now
show you sir that is VOL alton OF the law o nations,
violation OF the decisions of the Supreme Court, APP
plicabe to the title TO lands falling under our dominion
by ACQUISITION from other countries
PuI.ndo,g-Laus of Nature and Nations, lib. 6. oh -
The cooqueror acquires over those whom he subdues a
despotc respect to h.lr lives but not with
spect their possessions"
Tuhi "The conqueror lays his hands the possessions
Of he Siac what belongs 10 the public, while private
persons permitted to retain theirs To them tho res
IL, they only change their masters"
United States Supreme Cour'It principle of the
law, WHICH has been recognised we'll this
other that the division of AN empire works for
maxim is equally consonant with The common sense OF
mankind and The xins OF eternal justice "5 Wheaton,
SIS Chief Justice Marshall
'ln the treaty by which Louisiana acquired, the
United States stipulated tha the inhabitants OF the ceded
territory should be projected in the free enjoyment OF lel,
lhs stipulation as the avopat Of principle which would
| IN the comlfact.'-i Peters, 5i2.
'rhe term property. applied 10 lands, conprehends
erery species II tste. inehoate or mplete,"-Ibid
"a treaty of csssion iion country another only
not pass whN belongs to the subjects citizens. Whether
those right. nchoate perfect, they all held
cied."9 Peters III
'The customs and usages of the country which Issued
the grant: are good proof IN the ceded or conquered coun-
"a grant made by 'ha, officer who is bv law
authorized to make II, carries with it pta face evidence
that tis withn his powers No excess OF them, depart
IRE from thein will be presumed - Peters, l32.
'The peo lie change their allegiance, but their relations
turbed."-7 Peters 81.
Paftndori, book s, chapter 9th, says :" The conque
ror acquires those he subdues power 10 their
lives, but notas to their possessions Vatie says " The
conquered lose the possessions OF the State, out not that
which belongs TO private nliyJuas." Thus we see
private persons permitted to retain their property
The result Is, they only change their masters The Uni
ted States Supreme Court says il is principle of com
mon law, which has been recognised well in this as
in other countries thai the acquisition OF foreign coun
try By force OF works no forfeiture OF individual
rights private properly IS not thereby dvested Ana
hls maxim clearly consonant with the
OF mankind and the principles OF eternal Justice This
opinion delivered by Chief Justice Marshall
The treaty By which Louisiana acquired stipulated
that the inhabitants should be guaranteed in the enjoy
ment OF Their property. The United States regarded any
stipulation avowa Of this principle being scarcely
needei; that TILES to private property would have been
the compact The term property applies TO every spe
cies of title, inchoate or complete. treaty OF cesson
from one country another only passes such right the
sovereign SUCH has. but does pass such belongs
TO subjects citizens Whether those rights are nchoae
or perfect, they all held sacred The customs and
usages OF the country which ceded the territory the
guides be used and followed in regard the conquered
people. A grant concession made by the officer who
is authorized make carries with it prmI fdcie
dence that IT within his power; departure
from it will be presumed The people change their al
legance, but their rights OF property remain undisturbed
Such few of the declarations of the Supreme
Court of the United States which have been out
on trials which have been authorized by law for the
purpose OF ascerianing the validity of claims which
have been a long time before Congress- and have at
last been determined by being carried where they
ought TO have been at rst taat is, before the judicial
tribunals Chief Justice Marshall, in delivering the
opinion OF the court declares that treaty makes al
dton 10 the rights OF the party does nothing that the
law of nations does not OF themselves do The treaty is
would hold equally sacred without it inserted to be
sure, for the purpose of satisfaction to the parties, but
adding nothing the obligation of the power receiving
the sold conquered domain The master is bound
to protect, in all rights OF property, precisely as they
stood unCkr the former power. Now sir if a law shall
90 forth, in New Mexico and California, requiring
all the people 10 come IN with their titles, IN order
that they may he examined and sent to Congress,
certainly they will think that conscaton oil their titles
was intended. In conquered country of which have
heard, in Europe Asia, have the people OF the
country been compelled 10 for ward and make good
ihar titles. have heard of such instance; and, to
give you an lsa OF the which the slightest APP
proach TO such proceeding creates every community,
you have only TO recoec the great revolt that occurred
in Caro- in October 179S-that most terrible revolt
in the city of fanatics against the French who then
occupied It, What the cause of that revolt 7
call for the Land titles in order to register them,
and convert them into fee simple estates The great
queror intended to benefit the land owners by giving them
fee simple title to their lands, instead of the feuIa
than eudal titles by which they held at the
will of their sovereign twas merely a call for regis
ration of tides for the purpose of gvin. them perma-
nent and indeleasibe tile in order that they might bold