New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-01-18
California Gold Mines.
MR. BESTONS SPEECH On LAND TITLES.

-'NN' >~-' Nv - - %isNhi Ns' INV I'll
The following report Of Mr. Benton's interesting
speech in the Senate on Monday, We copy from
the IHfelsgenoeC Of Tuesday
As stated TO the Senate ou Friday. | am op-
posed % the whole scheme plan contained In the bill
which i now before the senate and propose % sub
sttute for Ii plan founded al entirely different
principle The principle Of the bill before the
senate u found In the hrsl sections Of the bin which
will lad 10 the Senate
s,7'as m, .sr -. Parlo-e q s..-fals '- ,r sat
lelrsd BY ihe treaty. of -at 81 Fe3r4a ei-, hla8-i a.
spg3-a b. IN P-.se5, 81 I'd = Is TIE s- as ,oa.r, 81 h..
senate sursyor General Register q Lsnds Receiver
Of rao Nons No 'ha 49, con oniy A. Board Of Coulon
"sr D. They sn proceed % hae u-r session. a. Corun
place or ih-se a, a.s.r.er 4, M. 49,, t lac. 81 ,se
meme requiring al persons % bnns forward ihe cas viii ev
on h- spb Of sef.e, 5~r is5i When .ss .oaer. hal ~
ward Congress, detailed sfsf-nert leg a11
Deli % s u-teyof General all Oh. archives documents and
paq~rs That mas bel D 'lelf p1ssess.ol'
The first objection have to this bin u.s. that couples
California and New Mexico in one tsgo general and
surveying district The two countries put together
10 land district and all the business which belongs
10 both 10 10 be transacted in one Office, which Office
can only be in Of the two countries Now, csitor-
MA aud New-NexicO have been always politically 10
tally distinct and are geographically widely separated
from each other Each consists Of mere string OF
settlements one upon the Rio Grsnds del Norie,
river falling INTO the AtaItc iceoN, the
settlements along the coast Of the Pacific. Between
them wilderness country Of about 900 miles in ex-
tent the whole Ofithe undspUted dominion Of sayages
over which man travels except with force suncent
70 project his life and property, mo7ng mltanly, and
encamping every night under the guard OF seunels,
while travelling between the two countries These Two
countries have never had any political connection what
socyer Few Of the inhabitants OF either nave ever
been in the other And 20 require the people OF eitner
Of these strips 10 this wilderness and 20 10 the
other for purpose of rsnsactng their business Is 10
impose on them hardship which IL intoerabe-to I'm
pose on them task which cannot be performed There
is total disability OF performing II and when tie sur
veyor Generals office shall be established a. san ran
cisco as under this bill II is 10 be- the people Of New
Mexico may give up all thought or expectation OF nav
ing their done Oy this Board OF COmmypers
That Is objection 20 uniting these two countries 10
one land district But there ia another when must
suggest itself ~ 20 the mind Of every senator
New Mexico is a country of indefinite boundaries II Is
a country about the boundary OF which serious qles
ton Is inpending which question, sooner or later,
mu.t receive s sOluton-snd when comes up, u WIZ
be large enough 10 occupy exclusively the aUtnorues
who may have charge of the settlement OF H. ne OIL
before US does undertake % settle It's boundaries
And il would be most inludcious and improper lVi
to undertake do There are questions enough ~
the bin without mixing them up with the question on
boundary between Texas and New Mexico. ! ne o,i
does not undertake 10 nx the boundary sno T" "t"'
in making such attempt
Putit equally wrong in undertaking 10 join together
New Mexico and California. when one OF those coun
tries has no boundaries by which the practical opera
tOn under this bill is 10 be governed Treasury III
structons be sent out 10 the surveyors defining
the boundaries Their settlement will become sub
ect not of law legislation, but OF an Executive or
der. Sir, all know the usual course OF such ihlnEs
If this bill should be passed New Mexico having no
definite boundary 1t must be acted on nevertheless ~
strucons must 20 out under IL and the rue OF pIac
tce Il. that the instructions are 10 make precise ana de
mite whatever is indefinite and unsscertalned hsUuc
tons rnust then 20 out II the bill be passed by which
the surveyors will have boundary given 20 them Mp
10 which they shall work and beyond when they snal
not 20. And thus we shall have devoyed upon inc
Secretary Of the Treasury the head OF the Lana De
psrtmen, the settlement of the great question oil boun
dary between Texas and New -MeXico Inc mlschel
that must arise from such proceeding Il 100 paps1e
10 require that j should add single word upon ms
point 1t Is manifest that II is important To Keep ih'
two countries distinct that II 10 utterly out Oh 'u'
question 10 combine them one oil them oeins "l'houl
definite boundaries leaving II TO the deputy surveyor
hereafter under Treasury orders, 10 say Where 'ne
boundary il / carefully abstain from saying one "ofo
about the boundary OF Texas because u 10 NOT my III
tention to be the means OF occasionng one WoIu 20
be spoken on this bin which IS not pertinent 10 IT.
merits . a., An A.,
Here them ia apreliminary objection to the eii tnh
of combining two countries geographically ana pohu
cally separated from each other ana on sehIhs IIr
ton of boundary 10 be decided by Executive ihsuuc
lions 10 deputy surveyors IL IN reference 10 ths
part of the bill that the instructions "hch nav pro
posed require the Committee to inquire lnto tnv eNpe
diencv of reporting bill for California alone leaving
ont New Mexico TO take her chance hereafter. Aho
while at this point will say that IN my opinion tnoie
il little occasion for any SurveyorGe once u
New Mexice-take the boundary of II where you peHs'
E,,rc yxbs, know of that county, country which
has been settled for at least two hundred ana MY
vears-there are no public lands IN II 20 TAT Hoh
there being any land you stand better chsnce
of finding titles piled upon each other three OF loui
deem But with respect 10 California, there are plDhc
lands there and for the survey OF those ands proson
ought to be made some bill with respect 10 lheh W"
he reouired The one which has been presented oy
the Committee undertake to say-although the COM
mee have copied an old plan when mas Deeh nsIelo
fore used-s plan which Ia in violation OF tue lieAS
between the United States and Mexico IT'S plah IN
violation of the law of nations II is plan IN VOCATION
of the decisions of the Supreme Court OF the Jnlteo
states made in similar cases. II Is plan unjust ID
self and equivalent in it's operation to an ehtire vons
cation of the whole landed property OF CAlloih,a anu
NJ Nexico Those are large objections which take
10 this plan, Mr.. President and "nlch VIII p'O0oou"
sustain by a more extended examination. 80.
In the first place. the SurveyorGenerai OF reono
ends and the Register Receiver, or other oincef
con stititipg the Bosrd-nO matter whoare made Coh
mlssioners for the purpose OF decidhs upon lanu
and 10 that end all the titles OF me country are ~ W
brought before them 10 be examined into ana suluu
a,sd ,non and within two years 10 be returned 10 the
Government OF the United states here win the opon
of the Commissioners in each case having themselves
no authority TO confirm anything where me amount "
the GRANT exceeds thousand acres rms one gen
eral impe achment OF all the land titles OF u
New. Mexico Ills an assumption made ny ms 1oNe'h
nent that every title in those Territories Is inNau auu
an affirmation that not one OF them should De eoIulS
until atively passed upon by the Congress Vi tv
limited states for this Board of Commisioners 10 10
make return Of their proceedings 10 the Secretary OF
the Treasury who 10 lay them before congress anu
Congress is to pass in detail upon every claim
Sir thi. is bringing the legislative power TO decide
indlcial questions IL is FIRST providing BOARD 10 IN
pesch every title 10 the couniy-to invshdate every
ute-to srragn every ttle-with no power 10 eonnIih
any claim that exceeds one thousand acres ana az
nrehend there never grant made IN Mexico or
raNfornis of less than league or hall =
or PA acres square ! never heard OF grant o.ihs
MADE of less The board confirm nothing. Ano
when they have thus examined into every title me case
. IN be sent here the Congress OF the United StSe
for legislative action in passing up judicial questions
concerning tss Sir this is coniounding OF lhe es
i,lative power with the Judicial power ana II IS suo
acting claimants who have rShts 10 all the Illumination
AT bens petitioners begging svors II 10 10 s9oec' me
man who has claim OF risA in his hands 10 'he uesIs
dstion and uncertainty of pettionng Tor favor i
nropospe TO DO a thing which cannot be done under
The rreatv-which cannot be done without Niost'ou
Of the Tresty-which cannot be done under "a" OF
nations without a violation OF the Jaw ornStions-
which cannot be done under the decisions OF 'he Su
preme Court without viostion OF those OCCASIONS
which cannot be done at ALL without carrying alan.
conservation and ruin throughout the ennre provinces
of California and New-NeNico. 80. IL, 4.
WHAT'S 10 be the practical operation OF II hoN =
this thing going 10 work What is the test oy NnoH
The seslsurs i 10 construe them There are tnfoe
,nsn constituting the Board of Commissioners WAC sir