The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-17
THIRT (ETH CONGRESS-.
SECOND SESSION.
wAsHISeToN, January Is, 1870.
In Senate.


In senate.
wAsH,SeToS, January Is, 1870.
cALiroKsIA-hIsoRIrv REPORT.
Last week the Judiciary Committee Of the Seuats
ported on eonstitntoas grounds In opposition to the
passage Of the bill OF Mr. Douglass referred to them,
Mr. Dows., Of Louisiana, q tn. COMMITTEES. bat o.,
port in favor q the psssss. Of the bill Of Mr. Douglass
or Of come rueh bill, and In direct opposition to the
principal constitutional arguments Of the majority OF
Some conversation followed among Messrs Bsrrisn
S o tn. Of e
OF the Senate, In the admission Of minority reports
norty report from the Judiciary Committee In como-
anoe with the general understanding Of tho Senate
And then the motion Of Mr. MASON for 10 900 copies
Of the majority report for public distribution was
;srssd to .. also motion for an extra edition
CALIFORNIA AND NEW MEXICO LAND BrLL-rHE GOLD
MINES &c --eREAr SPEECH OF col. BENTON, IN orro-
On motion of Mr. BENTON, the Senate took up the
bill Of Mr.. Breese, from the COMMITTEES Of Public Lands
providing for the appointment Of Surveyor General,
Receiver and Register Of lands in New Mexico aud
Csornis for sstlsment ofland titles good md badn
said terrtores for surveys Of gold lands
them lots; for grants OF lands other than mineral
lands, to actual settlers, SO.
the Dill heretofore; but M II 10 Indispensable to the
understanding Of MIR. Bentons remarks we give 1t
sesin. The b'l then, Of Mr. Brsoss, provides as fol-
sel-proydes "a. amended proposed amended by
IesistI lands and public who shall act
and New Mssso
% s:s sss .r s: s tho be s
uS go Of ahe p I desc. nt -,
bcaIo q, s2lt00er annum. -'A' Va 'N'' :" 'N'
last on the @ pmss a. wssa
ME secretary shall forward the records their abors
manner in which land claimants under the
directs
cor cnng Spanish and Mexican
AIRY OF the 1ro, snry
sn%iaonsIs empowered to oaI and examine wit
ssr papers for full claims to
sis s1 "a c,S
every twenty miles travel 10 Be BY
the s, rr1y sum %onipg them
to Secretly s OF the board
's san H' Of
s s .sp g. Of S
free sas s%s
Isl, is s ss ss'n IL s.a
@ .'s ns 70 Il 70 be
sIcs 10 u ls-E.plain certain forms of law to be pur
sa GsHass Sono" to
md the aS the ~ Of the lands of said
% and 70 Relate farther the survey.
'I "a" Sssaa aft order So
' e. :ss.ss 81 &c uu.r
sse for The year. fiscal
For penatiob survey general register receiver
seolos's: and assistants secretary clerks packers, la
For private claims in Cali. '''
c isna ana New Mexico 1900
Total. ACKNOWLEDGEMENTS. SsoOvO
Mr.. BENTON to the floor, and Ispoke for three
hours in opposition to the bill His rst objection
that the pr opposed one land System for Calfor mia
and New Mexico two territories the inhabited parts
ofwhich are widely separated from each other-the
one having string Of settlements the Rio Grande.
N aoff nfa In Dont xufh
vast ranges Of mountains and wilderness OF thou.
sand mules lying between them which can only be
able to rtpe the ssvsges liable attack them at any
moment And yet the bill proposes but one land Of.
on the Pacific. thus reducing the people of New Mex
co to haroahips which it would be impossible them
Mexico will thus any cut Oft from ali the bene
ns OF the bill its provisions are to be called benefits
this bill The boundary line was not yet settled: and
very properly the bill said nsthng about it. When
th., qSestion Of boundary comes npit will be large
boundary was underlined, the Secretary of the Trea.
sury might define he boundary for for it would be
ms duty to make his Instructions explicit. This
Why desre to instruct the committee to provide now
fer California alone: leaving New Mexico to in
st another time. There are no public lands in New
Mexico. The country has bee settled for years.
and all the available lands occupied Not with
ed Of. .han undertake to show that the projst
oftbis bill H. in violation Of the laws nations vio
lstion the treaty with Mexico and in violation OF
decisions Of the Supreme Court, and that the
scheme Of the bill Is unjust in itself, and
would work out the couf,cation Of the whole
landed property in New Mexico and California.
M Benton read the section OF the bill providing for
the board to adjudcate all the land claims of every
character in New Mexico and California The deci-
sops If the board mted to tracts thousand acres
Larger referred to the Secretary OF the
Treasury. This provision he was en- impeach-
nert Of all the land ti'ls in the territories aud
1t proposed to decide judicial business by le-
eisIstion. The lsndholdsrs under the Spanish and
Mexican governments would be outraged IL would be
In violation the treaty with Mexico to subject them
ho onfr IN fha lava Of
nations and judicial decisions. Our commissioners
would be foreigners to the people; our Language is TO-
can advocate for Eaf their estates and they would
come well If they retained half Of the other in
Congress, and waiting her. ten. ffteeu or
forty for decisions upon their titles which they
family. Its not only deraisnment Of title but an
Of titles and of that class Of titles which
retted $50 years sgoten years before virsiaia and
California only seventy years ago whst would the
try the conquerpg power should demand that all Of
them sboud make good their titles to their property
then, Mr. Benton read the sth and 9th articles Of the
treaty with Mexico STIMULATING that the rights of pro-
upon the SOIL on the acquisition OF the new territories
by the United States sbs be nvolsbly
y respected and contrssted these stipulation. With
rights Of property invalid till hrmed by board
our own choosing He pleaded that neither in Europe
nor in Asia bad such invasion OF the rights pro.
pIty been pursued by conquering power that great
evils and dangers would follow such practice for
attempt Of Napoleon to change the feudsl tenure of
the landed system In Egypt, for the benefit of the
peyple had produced one Of the most terrible
volts lat Cairo known to history. Passing at
length from this branch Of the BILL Mr. Benton
came to the provisions for surveys, locations and
eales by lots Of the gold lands In California.
There gold mines washiDgs from the mou ntains
and Dutt sooner or later be exhausted aud the soon
the better In New Mexico those ouoe very
productive were nearly used up other cou
In BTszl one hundred years ago such va. the
tvebee Of the gold washpgc that ten millions sterling
aysar sent to Europe The particles of gold were
found in the vales and ravines. as in California
The slaves employed allowed all that they fou nd
over given sum. and hence many of these slaves
bought their freedom. and bought other slaves and
b<esIne rich and opuleut, AL this has disappeared
abd all that know Of IL is from books written hun
dr.d years ego. The gold crop Is gone, all other
gold crops have disappeared 10 foolish, then.
give fee simple to mail lots Of the gold lands The