The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-17

the bill provides that the secretary of this board shall be
person well skilled in The Spanish language so
TAR as that objection is concerned is also obvated
But the gentleman objects that The bill is violation
OF the treaty with Mexico, of the law of nations, and
OF the decisions OF the Supreme Court and is unjust in
every particular Now, sir have examined the treaty
with great care, and cannot what provision OF this
law IS in opposition 10 any stipulation of the treaty.
There is an express reference in the bill to the treaty
Their decisions must be in conformity with the treaty
with Mexico the law OF natons and the decisions of the
Supreme Court is required that they should conform
their decisions to those authorities. How then can il
be said that II is in violation OF them when express refer
ence is made to them guide IN adjudicaling the
claims
The senator also says the bill is in violation of the
Spanish law of prescription which has been force GOO
years; OF this the committee and myself have knowl
edge We have very little knowledge of the Spanish law
with regard TO the distribution OF the public domain by
Spain Mexico. California, however from the year
1881 has been governed BY special regulation alone and
under to be affected BY the Spanish or Mexican
usages in dlspOstng of land.
The senator says sir, that the bill impeachment
OF all the titles III the country. How 50, sir? How is it
an impeachment OF the titles-waing upon the nhabt-
grant and this be done without difficulty, no peo
pie careful OF their records than the Spanish
Requiring them TO show the deaignment of the title, to
show how they claim the land is, think, obectiona-
ble and the bill ought be amended in that respect do
not think we ought to go beyond this question Has the
Spanish or Mexican government relnquished their
claim Pin other words have the government OF the Uni
ted States any title to the land claimed II y matter of
perfect indifference who is the if this government
is not The question is, has the government of the United
States any title This objection is well founded and the
bill should be amended in that particular AS to the
Spanish law to which the senator refers, sr-he law Of
plescrpton-l think that is excellent law and it
should be the pleasure OF the Senate TO recognise it,
would vote for it and there doubt but it would be
a salutary amendment to the bill, and that it would
be better perhaps to authorize the commissioners to
ognise valid the claim of every actual resident
of the country peaceaby occupying at the time we
quired the country from Mexico. think that would be
good and fair plan. 1t would much future diff
,It,tn Iriy IN all at TN ha
liberal with regard to those people, and would not so
far concerned, subject the parties to any loss
whatever; and it will be by examination OF the bill,
that great has been taken prevent any such
The senator says would be very hard require those
persons ignorant OF language to submit TO examina
ton of their grants 1t is well known that the records of
Spain better kept than those of any other government
The evidence OF the grant exists IN the archives OF Cali
impeachment of their claims require them to produce
the original claim recorded at the me The main object
of the committee and myself is TO ascertain what lands
the government in fact in those countries; and TO do
that, the committee believed the first thing to be done
to ascertain the amount OF private claims, for it
would be impossible to survey the country and subject it
to sale until their extent was ascertaned and that could
only be done by investing some or more persons with
power to investigate them.
The committee knew of no other mode than that adopt.
ed by the government fifty years ago-a board of
commissioners with certain powers and to perform
tain dutIes-Certainy not.
There is another portion of the bill to which objection
dispose Of the mineral lands II is true, sir that the COM
mtee had in their minds the gentleman supposes, the
gold mines entirely They had no regard to other mine
rails than that which is attracting much attention in
this country at the present time The senator says he IS
opposed to the bill because proposes to sell these lands
and he supposesfor he SO told the Senateha il to be
surveyed tracts of two acres, and in that way dis
posed Of Now will be SEEM by reference to the BILL
that there is such provision as that in it,
The bill authorizes the officers named in it, if in their
iu gment it shall conduce to the public interest TO lay
them of INTO tracts not less than two acres
They may subvide the land in tracts of not less than
two acres; but they have discretionary power. They
equed to divide it into tracts of two acres; but
they may do il if they think is proper and for the in
terest of the United States.
mining purposes. But sir, smelling and reducing the
is one thing, and mining is another, The miner pene
trates the SOIL and requires but few yards OF ground
for his operations the smeter purchases the mineral OF
the miner, and has his establishment convenient to fuel
They two distinct and different pursuits CARED on
by distinct and different persons So that two acres OF
land, rich suppose these lands to be, will be
amply sufficient to be under the control of any per-
But this is matter entirely lett to the discretion
and the discrimination of the board OF commissioners
So far as the provision is concerned 1t is one which
introduced myself and my opinions were formed IN some
degree, by Colonel Masons report II you look at his
letter. il will be seen that he recommends that the land
should be surveyed and sold in tracts of 30 25
as soon as possible The senator says ne would not
think of selling the washings. Wedo not sell the wash
dental value attached them, by being supposed to be
filled with gold dust and washings from the gold mines,
is it not right that the government should avail them
selves of iii have doubt, sir, that in the present
state of the public mind if this land to be divided in
small tracts many hundreds of thousands of dollars
would be received for lands not worth than 81 rs
per acre On account of the fictitious value which the
supposition of their being full OF gold dust would be
given to them, they would be brought under the innu
ence of the excitement though containing gold what
ever, or but small portions.
The has stated that he supposes this to be the
plan of the Department. and he says that it ought not to
be sanctioned by senator's Now, sir far the de-
parment concerned must exonerate the Secretary of
the Treasury and every other head OF department. and
the Executive, from any participation whatever in this
bill | do beeve-in fact am almost certan-that
not of them has seen it, or knew anything about
before the discussion which took place here yesterday
The suggestion grew out of the letter of Col Mason,
and from conversation with members of the Senate upon
the subject My own OPINION that 1t is far better
to sell the lands at once while the excitement Is
up, than to keep them and to grant permits upon
the plan of the gentleman from Missouri. | must con-
fess that was very much asonished 10 hear that SEN
ator advocating the leasing system Ever the year
1924 he has contended against that system far as hs
State concerned and is but two years ago that the
principle abandoned in Illinois. These permits are
system which never gave satisfaction to the country and
from which the government never derived any benen
whatever 1t is far better that these lands should al
become the property of Individuals and that the dement's
derived, If any, should go into the pockets OF individuals
All experience shows that this is the true policy
The senator says he is against boarding up these mines
and hopes that they will be exhausted very soon ms
bill provides that they shall not be boarded that they
shall be surveyed and sold by the government at once
that they may at be laid open to individual enter
prise And If a mint is established there, some revenue
may be derived from it for the government The sena
tors idea OF having agent there to grant permits and
preserve the peace OF the country, and to settle primarily
controversies growing out OF boundaries of the mining