The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06

the alienation was prohibited Ii was predcated after.
wards upon the pnncpe that the sovereign covering with
his actual authority and ownership avery part and pace
OF The public DOMAIN. there could be possession in
good aith adverse TO his But while such an execution
might have been justified under state of things which
constituted the sovereign in direct anagonism with his
subjects can perceive no reason why il should be al
hefed TO where the principle OF the peoples sovereignty
prevails Ia the first case. the Wrestling Of any portion Of
tue princes domain might well be viewed as a respass in
which, as II excluded good faith, no such possession
could originate as would supply tle while in the
other, II may boHowa happy expression Of modern
winter, she who, through the general sufe rance
lay hands properly which there is no individual
clan exant, has conscience that he bur takes his share
OF what belongs to and, il permitted to hold il long
aiu uninterrupted possession makes 1t his and his for
ever"
But the great difficulty the present instance arises
not appTehend from settled hostility against the
principle involved IN the prouso i has its origin in the
supposltion tha II would impart know not what virtue
70 certain ilegmae grants wherewith the most vaua
BILE portions OF California might covered and absorbed
or ne history OF the grants which have much fright,
ened the maginatons OF honorable should have
protected them against such apprehension There
was no grant OF any considerable extent made under the
spanish governments and all those that Asar date
f1Ur 70 1873 VIII be found not To exceed in any parc-
uar case the measure to which have auded-say from
one hundred 10 thousand square (yards) when
made to SOLDIER or at the utmost st,o or square
league when the coacesson made TO officer, and
tour silos or four leagues when made TO pobiaicr,
colonls OF village (pueblo) of at least thirty families
Whatever grants there may be in California covering
must be posterior to 1928 Indeed sir, there none
OF those spoken Of as being large grants that bear
not date posteror 10 1910 The most prominent
among these at least SO far as they have attracted
public at,enuon, the, following: ist A grant
made to Captain Sutter by Governor Ayarado, IN
is4l cd. One made 10 General Vallejo by Governor
ls44 BY the same governor (Nlichetorrena) to Don
Juan b. Alvarado This last grant is the grant of
ten sttios, called the MIRAPosAs, and purchased from
General Alvarado by Colonel Fremont. Now. am
m hat tn oT
could the principle laid down in my amendment apply.
is not to be presumed and indeed, the contrary
ceitaned, than the grantees would have located their
tracts where an anterior could be set against
them II any such possession had existed far from in
uring to their benefit it would be adverse their title
These, therefore, are not the grants where the rights
arising under long possession could be operative They
are, therefore, excluded from the purvew of the amend
ment Whatever may be the nature OF those grants they
must stand on their own merits, and can receive
sisance from the rightful propSo. 1t affords them no
shelter, protection. The truth is that addresses it,
self to far different denomination Of grantees rather
to settlers who although originally authorized 10 take
possession of tracts within much limits either
never had written warrant order, permit which they
could exhibit as perfect Incipent title who
having obtained such permit. order, or warrant have
not been able TO IT, and therefore cannot produce
before your commissioners Nor could parties supply
easily for large grants the peculiar kind OF possession
which the amendment requires II must be possession
known that OF the large grants surveyed
even In The peculiar mode which described former
occasion Iney not properly within mees and bounds
They ara but designated pointed out in the grant being
AT known reputed poInt-a creek, a river,
lake, a mountan-sut6cently TO be located, but
not to bring the tracts which they within the rule OF
the prouiso
The large grants would therefore, 6nd no shelter be.
hind the amendment. But might the missions plead
possession under ITS provsionsi l need hardly hope
remind the honorable senators who spoke on yesterday
adversely 10 my views that he possession must be ammo
domrn,-a possession by the owner; and such pos.
session could never be held up by the missions They
never assumed be the owners, indeed not even the
holders of rusle They had but the use of the lands
for the purposes OF the MISSIONS of that spiritual conquest
OF the country OF which have already said something
the course OF these remarks They held their possession
at NE pleasure and IN The name of The government Their
only title under the regulations OF Spaio the
mony OF the taking OF that possession by the planting o
the cross IN the name of the Most High and for the benefit
Of the king The missionaries were but the fathers,
tpades the administrators OF the pueblo that clustered
afound them. They had power to make grants, nor
can hod that they had any in the granting OF
lands. except that their Prect was consulted whenever
grant was asked in The vicinity OF their ecclesiastical Ju
rsdcton How then, could they prescribe under the pos
session required by the provlso There is rule OF law
better settled than that which enacls that one shall
ever be sllowed 10 prescribe against his own title
The possession OF lessee could impar, rights
of ownership than the possession OF irus ee, and
least Of all that OF mere administrator, the very
nature OF their possession, therefore, would work them
out OF the provisions of my amendment But where
no " the communities known under that name The
senator from Missouri has given the history OF their fall
or tneU uispefson5 ana we nave III upon dulnoflly Hd
out OF Tho twenty missions yet exiant in California
short time before it's conquest i've have been sold 10
s45, under the decree OF the supreme government of
Mexico Of the year preceding What rights may have
been acquired through this sale from the circumstances
under which II took place, is not for me TO decide
but. enough such right could find shelter under
the prouiso Five other missions are transformed into
villages puebos The inhabitants peeinss of the pue
bios hold under the apporonments BY the fothers los
repdrm,snfos hsohos por los padres without other title
than the fact OF their being there at the time Of the con
quest in the full and peaceable enjoyment OF their allo
ments Will you expeI tbeml They are the settlers
whom my amendment aims al protecting. | demand 10
know whether II be the intention OF the trainers of this
bill turn them back into the wilderness and barbarism
from which the humble yet effective pey OF the pdres
had reclaimed them Let that question be answered be-
fore the amendment be rejected
Mr.. President, IT will be rejected; | know II VIII.
Strange dreams have come over the minds OF honorable
senator's and prostracd in the space OF cold and desry
night those prospects which, upon It's hs appearance
upon your table seemed TO voueh its ultimate success
Methinks can read almost every face around me,
Va rie two 10 the conquered They must be crushed,
rodden in the dust The eleven remaining missions are
either abandoned, under the supervision OF priest
and of these none, think have demonstrated, could
be claimed, either under title under the possession
derived from the missionaries
MIR President, it has been said that while this proviso
extends shield and protection 10 the interests of the
old settlers may in its workings be injurious to those OF
the ones Verify, am surprised at hearing such
bold assertions They without any foundation they
The projecting OF original right in the former TO affect
The ulteror the unborn rights OF the latter Sir, who
are those old settlers They the few, the weak the
conquered Who thinks of them Humble, defence
less hardly entitled TO be heard in their mother dialect
almost outcass in their native country who cares for
hem' They may excite pity, but where are those whose
sympathies for their misfortune will be reused TO that
tervid enthusiasm which alone secure them against