The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10


found 10 show that any considered IN violation OF the
treaty Of 1903, OF the laws Of nations or OF the proc
lamaons OF United States officers to the inhabitants OF
the coded territory Nor does such idea to
have entered the mind OF any member OF the Senate in
regard to the act OF 1924 On the contrary these various
scIs OF leg sation exhibit the wisdom and prudence oil
Congress endeavorIng to employ suitable to
bring these titles TO final decision; aud hence the Su
preme Court has declared, in the OF S,rolher Lu
OF Congress- respsctiag claims that OF sound pol
icy have led to the general adoption OF laws OF both de-
sc,Iphon and their validity cannot be questioned"
Now, II - matter Of universal noionety that IN The
aggregate the titles in louisiana Missouri, and Florida
were at the change OF government in much more perfect
state than in California Besides complete titles, large
number OF the nchoae ncepve grants were aided by
actual survey under the Spanish government where
ny they became severed from the public domain ana were
regard 10 all incomplete titles the inerposon OF Con-
gress was in order TO carry a'o snecl IN good
faith, what France and Spain would have done had they
In California there are comparatively speaking, very
few claims aided BY actual survey made under the
government of Mexico Spain. This grew out OF the
sparse population, the inethcency OF the machinery OF
the former government, the indifference OF the original
The y many = III change
references TO natural objects as 10 make them susceptible
OF location.
According to the decision Of the Supreme Court in the
case Of the United States King al, I'D Howard
actual survey is Indispensable to separate claim from
the public lands, and to place in such category as
could be sustained under treaty.
Are the great OF titles in California to he lett to
the naked treaty TO protect them or is Congress TO be
voked 10 stamp the whole Of them bndold with the seal
OF affirmation! Would either measure be compatible
with treaty obligations, with that honesty and fair
dealing which the citizens generally OF California and
the hOneet claimants have right 10 expect!
Should Congress refuse to extend to claimants the
opportunity Of having their equitable titles ascertained
and carried into fee i would indeed be violation OF
treaty obligations and denial OF privilege consecrated
by the practice of the government for nearly halt
tury II, the other hand could be possible for Con-
gress authorize every claim be recognised without
aet ii nntO he n he
planest principles oil right but sacrifice OF the interests
Of thousands OF citizens who through the instIu-
mentality oil fraud, cupIdy, dishonest speculation,
may be made tributary to the interests OF the designing,
reckless. and avarcious. The bill now before the
Senate in plain and direct proposes to ascer
tain what private property in order to separate it from
the public lands it then provides, after the evidence is
collected, if there is doubt about title it shall be
submitted to the judiciary, and there by appeal to be
finally settled.
A measure like this will put an end to doubt, relieve
the titles OF the country from confusion, by recognising
rauduen-hereby securing and indicating the rights of
honest claimants on the one hand and protecting on the
other the great Of honest settlers seeking titles from
our government in the public lands.
will now proceed to examine the senator's substitute
for my bill. The first objection have urge against
is that it is omnibus bill; that il connects questions
that should be kept separate Ii proposes to confirm
claims lawfully granted and those granted without
thority OF law; proposes the confirmation by name OF
some illegal grants, and pospones the continuation OF
others OF equally pressing necessity TO time II pro-
poses to make donations TO cities without securing the
rgDt6 OF Inhabitants those who, fa,
In possession Of the lands proposed to be Donated
proposes the Spanish custom OF giving puebos, towns,
and cities two leagues from the centre, and change OF
this custom in favor of San Francisco and wthholds the
same advantages from Monterey, San Diego, Santa Bar
bara, and Santa Cruz, all occupying similar position TO
San Francisco-tha lie, fronting on the bays and road
steads upon which they are located.
Many OF the measures proposed in the bill OF the
senator in favor OF when presented the right time
and in the right place and bills introduced by members
from California pending, and in preparation
be presented TO Congress, covering most oil these OBJ
jects but is there any hope OF ever getting one bill
through either house OF Congress, embracing within lis
details many important and intricate questions of
doubtful policy, highly beneficial and the necessity
of acting on them at pressing and others that will
be opposed account OF their supposed injurious bear
ing upon public and private interests Why, then, press
bill that cannot pass and thereby endanger that
that emanaed from the Spanish and Mexican govern.
mentsl Let act upon this measure alone and bring
up the others in separate bills to stand their merits
The first section OF the bill is as follows
"For the purpose a.ceraining settling private
land claims the State OF California recorder Of land
titles learned in the lazy and skilled the Spanish and
English languages shall be appointed by the President
by and with the advice and consent of the Senate
IN land and pso shall ea IN for esos
all the evidences of land titles in California, and after
except where forgery stimulation shall be suspected 10y
the recorder and where there may be written evidence
Of the original grant. written statement may be
made Of the claim and received for record, stating all
circumstance in relation thereto, and especially all
relates 70 tho lsct OF actual possession
for any such purpose He collect all the land titles
in California, good and bad, and to record Them and
return the originals unless he suspects forgery and
uaton. The suspicion OF thus appointed
should have the power of deciding what is forged or
simulated and what is bona tide The prejudces par
alities want OF judgment OF the recorder, and the
cept OF secret information for mschevous
purposes may cast shade upon the best titles in the
country, and permit the very to be recorded with
out question. II is dangerous principle TO give
the power to say that he uspecs claim to be forged
smuated, without giving that officer the power, and
making 1t his duty, to examine and whether his sus
picions are correct He should be required to ex
anime witnesses and collect testimony not furnished by
pdrte and unofficial statements.
But further, ! am opposed TO creating any tribunal
when IN illegal claim stands the footing with
good one; when the good and bad are put upon the
same record The suspicion OF the recorder may not de-
tect f0ged simulated claims They are generally bet
ter prepared, far legal and Official forms are con-
cerned, than good claims We will suppose that
fraudulent claim 10 re6tded transcript Of this record
is taken from the recorders book, with his certificate of
s being This record is brought to the Secretary
OF State Of the United States, who cert6es under the
broad seal OF the Union that the recorder officer OF
the United States qualified by law receive and record
land titles in California Well the claimant with his
ord goes TO Europe, and with fair promises gets party Of
emgrans TO settle his claim They cannot suspect
fraud in his claim The United States have permitted il to
be recorded and the record to be certified correct coun
tersigned by the Secretary OF State Ignorant of our
laws, what better evidence Of title could they ask These
emGrAnta, at great expense arrive in the country and
settI1 the claim. After the lapse OF some yearsfor
thi, s u to be the work OF years, as shall show be-
fore am donsthe recorder gets through his tour OF