The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-08

ire OF the preside square Two leagues IN every direction
We now enter upon period when the sovereignty OF the
province passes from Spain 10 Mexico, and have the
decree OF the general constituent Congress of Mexico,
bearing late 18th August, 1921 respecting colonization.
defined by the general rules and regulations, dated No
vcmber III 1925, for the colonization OF the territories
Of the republic. (Sena,e Doc Rep. Com. No. IS, LIST
dated ai
tanning an extract OF letter from the Mexican minister
Of the interior 10 the governor OF California authorizing
the governor. Sin conjunction with the deparmen ta
juna 10 grant certain islands the coast 10 Mexican
sTens (See same Sen Doc, page Had
By law dated the 9th April. 1880. the Mexican gov
eminent reserved 10 itself the right To take and prop
erty tor Notifications. &c. by ndemniyng the State, &c
(Same Sen. Doc, page 1921 II appears that ''where
grants have been made by the territorial government Tor
towns, IN conformity 10 certain provisions Of The regnla
tons OF November "a, 1925, lands lying within 'be Inn
Ills OF such grants may be disposed OF by The founders or
municipal authorities, agreeably to the general tws
See extracts from act of territorial depulaton dated
August I634-same Senate Doc, pages l23 ana ia
The first law passed BY the Spanish CoItez, l3th
September, 1873 for secnlarzng MISSIONS loehae Doc
On The 7lh August. 1888. law passed by the
Mexican Congress for the same object (Senale Doc.
81 the OH August. 1884, provisional regulations The
same subject promnged by the governor: (Senae
Doc mage l3O In the extraordinary session of the egs
siure Al Monterey November B. iss4, the provisional
regulations with certaln EXCEPTIONS were confirmed.
(Scnaie Doc: page l543
By Mexican decree OF the 7h November, 1885, (Sen
ate Doc page 1859 il ordered that the law OF 7lh
August 1888, should be suspended until the curates
should take possession Then followed the instructions
January II 1885, and March 1910 Senate Doc, page
1855 to $780, nclusve) On the goth March, lS43 Michel
torena issued his proclamation ordering the majority OF
(Senate Doc, page 1872 decree OF the Departmental
Assembly passed 2sh May lo45, respecting the rent
ate Doc. page 1857 On the 2sth October, is45, Cover
nor Pco issued regulations for alternating and renting
missions. Senate Doc page i64) decree CT The De-
application of the laws of to certain missions
&c. (Senate Doc page 1917 These, is believed. are
all the material laws relating TO lands IN Upper California
And undertake 10 say and make this explicit decara
ton, that there s not single law either OF Old Spain
Mexico. which dispenses with surrey step nds-
peEsable TO the completion OF title.
Il was once the pride and glory OF the Spanish sover
eigns that the never get upon their domnions Their
colonial system was the work Of three centuries Its
foundation laid by political architects Of ordinary
ability In the mighty enterprise of leading the way 10
the settlement OF the American continent, their sagaciy
foesaw from the beginning the necessity OF prescribing
measures 10 prevent collision oil individual interests IN
the allotment and disposal OF the royal domain The
and spirit OF the early ansh laws express in
power, it should not be the prejudice OF any third
person. and that tie confines and The boundaries Of
distributed lands should be designated This is shown in
the "Recopilacion" OF the laws Of the Indies affirmed
and authenticated by the monarch himself in 1852.
Everywhere afterwards in the progress and growth OF
the Spanish colonial law, is the principle discernibIe
which looks to the necessity eventually OF survey
constituent element of TILE This is manifest from the
whole rcope and tendency OF the laws TO which have
lnvued attentlon OF SthateTom laws oil The
lndies-from the royal ordinance OF l754-from The
regulations Of Governor OReiliy, in ITO. declaring
q survey Indispensable and showing what The set.
tied written law and usage OF Spain the subject
from the great ordinance" of 1856, adhering 10 and
adopting by its eghtyfrst article, so far as not In
compatible the ordinance Of 17o4-and from the regu
lations OF the lntendant Morales in 1899 And with
this principle there is nothing 10 be found inconsistent
in the regulations which have alluded, of the Vice
roy Bucsrele uruza in 1873, for the new establish
mens Of California; IN the regulations OF De Neve,
the governor of California, in l779 approved by the
King in 7sl in the decree of De Nava, the captain gen
era of the western internal provinces in the legsa
ton Of the Mexican Congress- or in the DEGREES Of tue
Departmental Assembly Of California. But on the con-
usy the DEGREES and regulations OF the Spanish author
"kagvA also the laws OF the Mexican Congress, and
the regulations under them, all point TO the necessity
and to the design thar further act should be done 10
make the title 10 the thing granted complete, and that
was surrey in all cases where there were no, distinct
natural boundaries. We have this principle followed up
and adhered 10 in California shown BY The usual form
OF title dated sih January is44 from Mchelioena in
the third condition OF which II is expressly stipulated
that the grantee shall solicit the respective magistrate
to give him legal possession in virtue OF this title, by
whom the boundaries shall be froed out, Ia The iima Of
soArAhe shall put beside The land marks, some fruit trees.
Ac and the fourth section OF The same fom declares
that the "iand OF which donation is made consists OF i've
sios, (sQuae ieaxues as the respective map explains
and that "the magistrate who gives possession shall
cause il 10 be measured according 10 ioc and the
plus shall remain TO the nation Tor necessary =, and
the fifth condition orders that "if he shall violate these
conditions he ssH forfeit his right 10 the lend and it may
And what do the laws of the United States say on the
subject and how do they define complete title I" In
OF the provisions OF the 9Th section OF the act of
Congress- approved I'd March, 1905, for the asceranng
and a6using the titles and claims 10 lands within the
territory of Orleans and the district of Louisiana" the
law places the matter beyond doubt by enactng that
where lends claimed by virtue OF complete French
Spanish grant aforesaid, cit shall not be necessary
for the claimant 10 have any Other evidence OF claim
corded except the original grant patent together oah
the tcorranf order NJ surrey and The plat" This law
tells usin direct and unequvoca terms that the evidence of
complete title" is the grant, order of surrey, and the
pid
have heretofore had occasion TO bring the attention
OF the Senate TO the decisions OF the Supreme Court of
the United States clearly establishing the necessity OF
survey several individual claims from the public do
main t3d Howard, pages 7s6, 7s7 Is Peters ISL. 2i5
373 3Ie is Peters, l59, 100; and Howard, of the
United States rs Lawion, pages %, 29.)
II was Sir Edward Coke, II mistake not. who de-
could draw from according the strength OF his under
standing. The same may be sad OF language, which
teaches hot 10 be complete which has deficiency =
thai perfect which has positive excellence that TO
which anything be added is incomplete; and, in
the words OF Hooker 10 "count those things perfect
which want nothing requisite for the end whereo they
instituted'
/, 10 notorious that claim. California u~aied by
surveys from Spain Mexico, and their locations
consequently hxed established, except in the few
cases N which they may have distinct natural boundaries
in the mass Of public lands
/ now leave Il to the learned senator who has ven
tured to call the titles in California complete and
perfect To reconcile his Terms with the laws of
Spain, Mexico and OF the United States and 10 the
judicial dec'sons 10 which have referred and even to