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

I
So far from there being any vwant land you stand
better chance OF finding titles piled upon each other
three four deep But with respect to California, there
public lands there and for the survey OF those lands
provision ought to be made Some bill with respect 10
them will be required The one which has been pre-
sentes by the committee undertake 10 say-aiihough
the committee have copied an old plan which has been
heretofore usei-s plan which is in violation OF the
treaty between the United States and Mexico II is plan
in violation OF the law OF nations; II is plan IN viola
ton Of the decisions OF the Supreme Court OF the United
States made in similar Ii is plan unjust in IT.
SELL and equivalent IN us operation to an entire conisca-
ton OF the whole landed properly oil Cailorna and New
Mexico These large objections which take TO this
plan Mr. President, and which will proceed sustain
by more extended examination
In the first place. the Surveyor General OF Public Lands,
and the Register or Receiver other officer constu-
ting the board-no matter whoare ma lie commissioners
for the purpose OF deciding upon land titles; and TO that
end, all the titles OF the country are to be brought before
them to be examined into and adudicated upon, and
within two years 10 be returned TO the government OF the
United States here, with the opinion OF the commission
ers in each case having themselves authority to con-
firm anything where the amount OF the grant exceeds one
thousand acres This is one general Impeachment OF all
the land titles of California and New Mexico. II is an
assumption made by this government that every title IN
those Territories is invalid, and affirmation that not
one OF them should be conrmed until leg savey passed
upon by the Congress of the United States Tor this
Board of Commissioners is to make return OF Their pro-
ceedmgs ,ohe Secretary of the Treasury who is to lay
them before Congress- and Congress TO pass III detail
upon every claim.
Sir this is bringing the legislative power decide jul
dical questions II is first providing board to impeach
arraign every titlewith power to confirm any claim
that exceeds thousand acres and apprehend there
grant made in Mexico California OF less
than league a hall league-4,i2s or 2.2lI acres
square. never heard of grant being made OF less.
The board can confirm nothing. And when they have
thus examined every title the is 10 be sent here
to the Congress of the United States for legislative action
in passing upon judicial questions concerning titles. Sir,
this is confoundng of the legislative power with the
judiciary power; and IT subjectng claimants who have
rights all the hum ation OF being petitioners besging'
favors 1t is to subject the who has claim OF right in
his hands to the degradation and uncertainty OF petition
ing for favor 1t is proposing TO do thing which can
be done under the treatywhch cannot be done with
out violation of the treaiy-which cannot be done
under the law OF nations without violation OF the law
of naons-whch cannot be done under the decisions OF
the Supreme Court without violation O. those decisions
which cannot be done at all without Carrying alarm
CONSERVATION, and ruin throughout the entire provinces
| of California and New Mexico
| What is TO be the practical operation of it, How is
this thing going work. What is the test by which
the legislature is TO consre them There three
constituting the Board Of Commissioners. who to be
invested with power to bring before them the claims to
land of every nhabitant OF California and New
Mexico, for the purpose OF examining his title They
make their examination, and afterwards make re-
port return of the cases 10 the Congress OF the Uni
ted States Each claimant hroug bout the entire COM
try is to come in with his tle and make IT good before
board TO be composed of foreigners, whose language
they cannot speak Terror and CONSERVATION will per-
wade the land when these Mexcans and Californiansa
conquered people, helpless people, Ignorant of our
anguagefnd that the very titles to their property are
subjected not even TO the law under which they have
How is il TO act, sir At the first to appear be-
fore such board, say-and say ii with knowledge
OF what took place under similar boards in Louisiana
terror AMI CONSERVATION Will pervale the land What is
the first feelings OF these oreSners? call them foreign
ers. because they conquered people not yet a'smi:
lated 10 us their first feeling is, we in the hands of
conquerors, OF those who do not speak language
who have power to do what they please.
! And sir, what is the means Which suggests itself to
them chance OF saving some part OF Their property
from this tribunal and from those who possess
limited power them The first feeling isl know il
welltat they mus, so to an American, 10 one oil those
who belong TO the nation which had conquered tbem and
has absolute power them, and they must give Inn
half compensation for going before the hoard and saving
the other half That the feeling, and that is the way
which they will feel compelled to proceed. When they
have given one-haf-or that is the usual proportion
when they have given one-haf to get an advocate 10
go before the commissioners, there is then power
OF deciding upon cases comprehendlng more than
thousand acres. There such quantities 1t Is then
the claimant must follow his land TO the Congress of the
United States. three thousand miles distant iron the
country where these people live What, them is 10 be
done Then they must employ that agent other
to follow the claim these three thousand miles the
continent to the of the federal government and there
become humble sutton before the Congress, 10 get their
claim heard and adlndcated And wha, must they pay
for this further agency Happy will they be If they get
off with loss of the half of the remaining half Happy, in
fact if they obtain any decision a,a Iii they do not, like
Louisiana claimants, sue IN vain to Congress len weniy
thirty years, for acknowledg nent OF their rights.
Forty years have elapsed, and many OF these claims
are yet unadused, the claimants, in the mean time,
some bankrupt and dead Others cingng TO last hope,
the two houses of Congress AS it was in Louisiana,
under former Boards OF Commissioners will it be, and
worse, because more distant, with the people OF New
Mexico and California if this board is established there
Senators from States once part OF louisiana know full
we'll the truth of what | say. They know the Iuin
brought upon many claimants in Upper and Lower Lou
isiana They know that many lost their homes which
they had received from the Spanish government that
many, weared out and Disguised, abandoned their pos
sessions, and went of to Mexico to obtain grants
from that power and that, in fact, Texas largely
peopled in that way from Missouri
repeat it. Bad things under these boards in
these people of New Mexico and California, so much
more distant so much more helpless so much more ig-
of real character, and finding themselves be
helpless conquered people. Terror and CONSERVATION
VIII invade them: to purchase protection by giving up
half their property will be their resource-and that
an unavailng one; for the commissioners TO have
power to impeach everythngto nvalidate everything
and to confirm nothing For there is no grant of one
thousand in California or New Mexico they go
there by leagues and half leagues and this maximum OF
one thousand acres is not advsona fraction of any
grant. No grant can be divided by any number which
will end with one thousand it will be or less.
New Mexico was conquered and settled by the Span.
laris in l5oI-the century that Cortes conquered
Old Mexicoand ten years before Virginia settled.
Two hundred and fifty years have elapsed since that
country was granted 10 its conquer6r Don Juan de Onate
almost ten generations have lived and died there Yet
they all to be called upon to show their land
titles and to prove them also, back the time of the
conquest All titles TO be ripped up, and rooted up
back TO the original grant, two hundred and fifty years
ago What would Virginia say il she had been conquer
ed by foreign power and should be served in the
manner What would happen in that State, il conquer
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