The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-12
.aa the sam. hereby are granted to the said city Of

-
Sec = And be it further enacted, That all other |
grants made by any officers under the civil or Mill
fary governnent Of the United States since the
are for the future decision Of Congress- and
1t shall the duty OF the recorder OF land titles to
make special report thereon directed to the Commits
.ionsr Of the General Land ose as soon as prsctics
BILE be by him laid before the Secretary Of the Int
Sec s. And be il further enacted That on the trial
of any Jacias to try the validity of claim the de-
csion Of the shall conclusive in favor the
claimant in every case, except in cases In which
John Charles Fremont may be claimant and in all
be taken in favor Of the aited supreme
Court of the United States aud all decisions against
the claimant, an appeal may in Ike manner be taken
Sec o. And be it further enacted That the recorder
Of land titles on receiving notice Of each claim, shall
lay down the same coDjecturally according to the
claim on district maps TO be constructed by HIM and
as soon as confirmed shall order the same to be duly
survey ed according to the confirmation.
Sec 10 And be II further enacted That the recorder
fland titles shah keep his Office ct the of govern
cities towns, and settlements, on due and public no.
tiee, to receive notices and evidences of claims.
corder OF land titles shall be allowed salary of
thousand dollars per annumf and twenty cents per
mile for all necessary travslling and also shall be allow
ed a clerk, Who shall receive a salary of - thousand
dollars annum, and the mileage and ten cents
given out And the District Attorney shall Be aioved
one thousand dollars per snnum, and twenty centsper
mile, for his necessary travelling under this act In
addition to his other compensation.
1t will be seen that there is a vast margin be-
tween these two bills Mr. Owns is rigid, and
brings everything before the courts; and while il
does ths Il does not Admit the validity, but holds
as void all titles acquired under or from the tenn
porary independent, or United States military
cupatlsn during the war. There vast num-
Der OF land claims thus acquired In California; all
OF which Mr.. Owns bill considers void under the
treaty OF Guadalupe Hldago. Mr.. GwIn also sets
aside the grants 10 the towns and villages TO the
missions, NC, all OF which he considers accru-
ing, under the treaty to the United States, till
otherwise proved.
On the other hand, Mr.. Beaton's bill comedies
almost everything In tine shape OF a title; secures
the mission property 10 the missions not secular
lZed; and makes the most liberal grants to the
towns, villages, pueblas, NC while It treats the
proceedings OF the military independent, and the
United States authorities during the late war, in
grants sales, capituaons, &c., as legal and Diad-
1ng upon the United States.
Mr.. Gwin conte dds that the bill of Mr. Benton is
wholly mpracncabe; and that IT would result in
ats operation in immense frauds upon the public
domain; and in the most extensive in Justice 10 the
body OF the people of Calforna-that il would
build up large landed monopolies and corporations
in California; which could not fail to result in
bloodshed and disorder, because it would exclude
the mass of the people from the arabic lands of the
state, which would be m0nopoliZed by a few ind-
SIduals, and few corporations.
Mr. Benton contends that the bill of Mr.. Gwin
violates all treaties, all national law, all principles
OF good faith all terms of generous and fair treat
ment OF the people acquired with the territory; and
that II violates the decisions Of the Supreme Court,
and the constitution of the United States
lDc ul1Iercncc between the TWO DlTS amounts 10
millions upon millions Of property, in the most
valuable districts of California Mr.. OWNS bill
turns IL ever TO the United States; Mr.. Benton's
delivers il over under the various classes of titles
embraced IN his bill, TO individuals settlements
IN the State.
The subject is an immense one, and ought not to
be acted upon without the fullest and most search
ing investigation of the whole subject, in all its
details
WASHINGTON, Ian. 8, 1851.
The California Land Titls-Ssnators Bento~ and
Gtoin, &c.
This was an important day in the Senate. twas
the day fixed for DR.. OWNS reply to Col. Bentons
speech, on offering a substitute for DR.. 5 bill for
ascerainihg and adjusting land titles in California
We have had very dark rumors on the subject of
these land titles, more than year ago-reports Of
s'boundless wealth. ." Roth.chds in America"
&c, while several Senators, among others, Messrs.
Clay, Douglas, and Foote, had taken strong grounds
m favor OF some public measure that should bring
the claimants into the courts of the United States,
determine the validity of their titles and thereby
20 ascertain and define the public domain ia Cali
fonia.
DR.. Gwin commenced his speech in a very calm,
dignihed manner, by reviewing Mr.. Benton's OBJ
jections to his Or. G.'s) land bill He quoted
from Mr. Benon's speech TO show that Mr. Il had
charged that {" the bill would coniscate all the
Spanish claims in California" whereas, by quoting
fIsm the bill, Or. q. showed, beyond the power OF
refutaton, that IL confirmed every Spanish claim
in California. The law Of prescription incorporated
IN the bill will confirm every Spanish claim, and
was go intended 10 operate, as DR. Gwn avowed.
The Spanish claims N California were all small
claims, consisting of town aAd mission lots, for the
most part very nconsiderable, and none was
charged with fraud IL was not the spanish claims
Or q. wished 10 bring before the Supreme Court
OF the United STATES, but the large Mexican grants,
covering the most valuable parts Of the country and
owned by few individuals. Against some of these
cisims there was direct charge OF fraud among
the official papers in G ifornia. DR.. G.. defended
his bill thoroughly and satisfactorily in detail,
against every objection urged against II by Col.
Benton, ana then carried the war into Africa by
taking up Mr.. Benton's bill and Kidding il. He
showed that, whether Mr.. h. intended II or not,
the effect OF the pa sage Of his (B 50 bill would
be 10 eontrm every land claim In California: lie
reviewed n, section by section, and showed con-
cusIvely that the effect Of its passage would be 10
leave the United States no public domain whatever
IN California, except 10 some OF the unexplored
regions Of the north. lie pointed out the partality
of the provisions Of Mr. BIS bill to the city Of San
Francisco, 10 the detrment of other cities, show
ing that, if the bill passed. the villages in the
mining districts would each have 1900 acres of
the gold lands and be the richest corporations in
The world. Or. G. would rsther give the gold
mines to the people who work them and enrich
the country by their honest labor. than TO corpo.
rauonr, spectators, and monopoiisis
Or q. also declared that such law az Mr. b.
proposes could not be executed IN the country IL
would either DIVE the Inhabitants who have no
lands (abou; nine-ienhs Of the whole popula }
20 make terms with land claimants, and become
interested with hem, or 70 resist the law. DR. q.
wished 10 drive the people 10 such alternative.
He wanted the valid land claims confirmed, the
fraudulent ones elected, and the public domain
known and defined, in order that actual settlers
and cultyBtors may receive donations Never
were the defOrnfiues OF a MEASURE more COM
pletely exposed than those contained in Mr..
Benton's bill Dr. e.. expressed no decided
preference for any plan. lie believed his
% be the best; but IL satisfied that any other
would protect good claims aud expose bad ones,
he would heartily support Il. lie paid very
handsome compiimentto The people Of California
for their forbtafanCe and moderation under the
long neglect OF the federal governme A. and pointed
20 their EMULATION receiving the news OF the
admission ~ the stair, evidence of their attach.
ment 10 the Union. lie also extolled the bravery
of the native CaIforalaAs, who, he said, fought