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

(
would be The feeling OF Virginia If such law that
had gwen authority for ths dsragnment OF title be-
heye SPEAK right, u SAID aralghment) Ailef pro-
duclng this long chain ol title, and paying for II, he
gains nothing but the privilege OF appearing supple
AM before strange legislative body lhree thou sand miles
oil We may be strong enough enforce this iniquliy IN
New Mexico and California but we could not enforce il
IN Virginia or Kentucky Aud against what people is
such bill To be enforced? Against ignorant Indians,
and mixed breeds or OF such the greater part OF these
peoPle) who cannot read word, and do not know
whether afpaper in their hands is deed for land,
Dill presented against them by their baker butcher
have shown that what we propose 10 do is IN vo-
laton of the Mexican treaty. in violation OF the law OF
nations, an violation of the decisions of the Supreme
| Court now wish to show, Mr. President, that what
we propose to do between and between the in
dvlduals OF California and New Mexico, is violation
! OF law which has existed long without change-ior six
hundred years in Spain AID OF her colonies snce hPy
had colones)-which has been law and approved law,
since the time of Alenzo the Wise The law OF pre-
scripon, called the civil law-tbe statute OF lmiia-
tons as we call II. This is the law OF prescription:
Spanish LaW Of Prescription ''Il person receive
from ano'her a. good fah, an olm, vabie thing, Il
real esate either by purchase, in exchange. gin
or legacy, or IN any other and shall continue in
possession OF II during ten years while the owner is in the
country or f~eatg years while he out offs such
son sha acquire the thing by prescription, notwhstan
ing The person from whom he received IL was not the true
Tor it any man, although he should say that he could
prove that he was the true owner OF it,"
This is wise law for the settlement not for the dis
turbance of estates Ii has remained without change for
at least six hundred yearsfrom the time OF Aonzo the
Wise-in Span-and in her colonies since she had
colonies People were safe uaier it in California and
New Mexico; but if this bill passes there is an end of
! their peace and security.
| What have read the prescription where the &C
QUESTION was in good falih: there was further pro-
vision where it in bad faith, and all intended quiet
titles and 10 give peace and security to possessos This
| is IT.
f the possession acquired be in bad fah. tide shall
ueverh less be gained the above periods
and twenty years, ii tho kntw poss
| and did not make his demand
Though acquisition should be in bad faith, and
the owner should moi knoD the adverse possession yet
M Of s ai,y yeaJs shall gain an absolute 'e
tidas tiiie %, ia,cs 10, 49, 81
This the Spanish law in the 18th century, and has
never been changed, and applies both to Spain ana to
Spanish America.
! Thus possession, even in bad faith was to be valid
after thirty years. but we respect no time We go back
seventy years IN California and two hundred and fifty in
New Mexico
Src They shall examine into all bona fde claims
ing under patents, grants, concessions and orders OF
survey, where the surveys actually made pre-
vous the seventh July, eighteen hundred and orty-sx
when military possession of the territory by
the United Safes whether they founded upon
diions, and how far those conditions have been
piled with and if derived from the Spanish government,
governments and if satisfied that said cl,ms
and valid, shall sconfm them Propided, Such
hrmatlon shall on'y release of
which the United States may have, and shall be
sdsed as affecting the rights of thild And
rdei That they shall not have TO confirm any clam,
part thereof, where the claimed underlined in
quantity, ha! exceed thousand acres; in all
such shall report the testimony with their opinions,
to the Secretary OF the treasury to b. laid before Congress
! for their determination"
One error beyets another. Start wrong and you must
! go on wrong. So of this bill Il assumes all land titles
in New Mexico and California to be bad: it calls upon
everybody 10 come IN ana prove up their titles: This is
extraordinary power 1t inqulsiiorla!. 1t is holding
lnquison upon property and requiring the owner to
appear and make good his claim Tne requistion would
be nugaory if there was not power TO enforce his at
tendance, and therefore this power given 10 the com.
nissioners. Here il Isl
the commissioners hereby authorized adm mister
oatl to compel the attendance Of witnesses by the sub.
testimony may be wanted; inct punishneus either
by ine inprisonncut or BOTH as they may deem proper
ID tbs same extent that courts are nov authorized
ior refusal or neglect 10 obey those subps 10
public relative any land within Terri.
tory, and authority 10 make transcripts thereof :"
Ivey witness attending under any process from the
mssouers shall bo allowed dollar day, aud dollar
tor every twenty miles travel, be paid by party
non'hs hm.
This power the person TO enforce the exercise OF
power yer property People are 10 be summoned to at
tend The commissioners, aud pay Tor being sumnonedio
bring witnesses and dollar Tor every days attendance
and every twenty miles travel and Tor not coming not
answering, they subject to be punished by fine
prsonmea or both The commissioners may infct pun
shmcnt upon themupon the whole population OF the two
TeTores and thus, 10 sustain an lnluson into titles,
contrary to treaty. to the law OF nations, to the decisions
Of the Snpreme Govt, contrary to the law OF prescription,
and to all justice. power is given to these commissioners
the persons oi the land owners-power TO inllct
punishment upon themto fine them without stint, aud
TO imprson them as long the boar may continue.
Following up the scheme OF the bll-she power to dis
tuyb and destroy eyerytngto decide and finish nothing
the section which read provides Tor putting the
claims into four classes and sending them to Congress
for adjudication OF each class Here IS the section
"sec g. Anf be further enae!ed, That, in making
port in detail OF all they have done Secretary
Treasury the commissioners shall separate the claims into
four classes A. part all complete titles,
for less than thousta which, in their opinion,
should be conmed class A par two those of like char
acer, which, in their opinion should he sced B.
those inchoate titles less than thousand
which shoud be confirmed class b, part two, those
of like description which should be rejected class &,
T.
where in their opinion, they sustained by proof class
G. part two those claims Of like character which
sustained by proofs and class d. all those where in
references exist between Spanish and Mexican grants
Now will Congress ever do this work? I'M
ravel these classes ever 20 through this compca-
ton of clains' No. Never, never, never 1t has
close by, aud which have had delegates representa-
tves and senators to attend to them Tor forty years
Forty years have suhced for Congress TO finish the
Louisiana claims with all these advantages: will one
hundred years be enough for New Mexico and Cafor
MIA
The bill is fundamentally wrong-wrong in the
mode of getting at its object. The object is TO find
out the vacant land For this purpose knowledge Of
all original grants is sufficient but this bill must know
presume there many thousands in some instances
OF settlers under grant each settler must now bring
in his title and prove. This IS absurd, We only want
to know the quantity and the locality of what has been
granted away by the previous government that we may
take the remainder. 1t is with that view, Mr.. Pres-
dent that the substitute which propose requires all
the grants and possessions TO be laid down they
anaed from the previous government to be laid down
upon the map according 10 their calls boundaries
nd fhara ha tn it'ps