The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-01

ale seriously 10 wndt cnkdbtu upon. he flgHts
of people, recently become ours by conquest and by
purchase are depending on what we do | will not go
from part OF my case to another But when il
that part which has just been quoted by the senator
from California Mr.. GwIsl-the statute OF limitations
the clause OF prescrption-of which he much in
favor some lew days ago., and which he made the re
deemlng part OF his bill / shall show that his reason
for sighting It now has no foundation. | will show
that when come TO the section to which he refers For
the present. stand upon the rights of the people, II
they sued for their land by other persons they would
have the privilege OF pleading the statute OF limitations
the law OF prescription This would be hScase between
men But here the United States gong TO sue the
whole body OF landhoders in California for The land
which Spain and Mexico gave them, and in the act 10
bring suit, set out with deprving them OF the right OF
defence which they would have against individuals
The senator IRON California right in asserting the lacl
that lands in California were granted without dlsnnct
limits yet there general boundaries out OF which
the grant to be satisfied and the surplus returned to
the States. AS for surveying, there never was sur
veyor the country in law or in fact There never was
surveyor general there, deputy No authorized
survey ever made in the State, ever required by
any law, any condition to a grant
With respect to what constitutes legal right in Cali
fornia. will show il by the law when we come to H.
This is not the proper time will show by the laws
made expressly for Calornia-not general laws, made
for the Spanish possessions generally but the exceptions
to the great act OF 7s6, establishing in'endans wall
show out OF the book-by mere readlng-what Is legal
titleand that all legal and full when possession
was given Leg -a-l-and what was full ute-f-u-l-l
and these legal and full titles given without paying
any fees. will show all this by the law when come
to it. But do not wish TO be dragged by these questions
from the impending point | shall open the whole case
when come to the point which mentioned this morning.
that the principle OF this bill is fundamentally wrong in
holding the whole body of titles in California TO be bad
until they proved 10 be good The reverse OF that
principle is the principle of law and justice hroug
The world, civilized and barbarian When we come to
the principle Of this judiciary bill will show it, Posses
sion is title until perfect adverse title Is shown man
in possession is presumed TO have little until the contrary
10 proved This is law and reason; whereas this bill
presumes the in possession to have ttleYnt he
proves it. This will show when we to TIE prin
Of he af Dresp wish a IN me- nd
ment have offered.
Mr. BRADBURY The honorable senator from Cali
fornia admitted that this provision important for he
incorporated it in his bill, which he submitted to the
Senate. He now states that he is in favor OF adopting
the amendment should not have deemed it necessary
to make single remark, for a mlsapprehen-
sion the part of the member of the Judiciary Commit
tee, CMr BERRIEN who reported this bill II was that
the committee were unanimously IN favor OF this provis
favor OF INCORPORATING this fact that he seems
to have forgotten hope the amendment will be adopted
Mr.. GWIN. At the right time, when the senator from
Missouri brings up his proposition 10 show what legal
title is in California, will be prepared TO subsantlae
everything said in regard to it. am ready 10 meet the
gen,lems n a! any time when the question comes up
Mr.. SOULE. | will propose amendment which
will IN all probability meet with the concurrence OF the
honorable from Missouri and of some if not all
The PRESIDING OFFICER, (Mr. WALKER in the
chair) is not exactly in order but be read
Mr.. KING. Let II DE read for the information OF the
Senate as It may determine their action on the present
amendment
The amendment was read as follows:
Provided That possession in good iith within deter
mined metes and boundaries, during twenty years. shall
be deemed pms faeis evidence OF a complete grant,
against the government"
MIR. BENTON. The honorable senator from Louisi-
ana Mr. SoULEl is better acquainted with the civil law
than either Mr. Fremont or myself have no objection
to accepting his amendment the which myself
would offer In that point OF view, there would be no
Mr. BERRlEN. The object may be accomplished by
the senator from Missouri Withdrawing his amendment
which will then afford the senator from Louisiana an
opportunity OF introducing his as amendment
Mr. BENTON. accept II as modification 10 my
amendment.
Mi. BERRIEN asked for the reading OF the amend
nent az modified, and il read accordingly.
Mr.. BERRlEN. was about 10 say that while the
Judiciary Committee opposed 10 the application Of
the doctrine OF prescription as between individuals,
inasnuch they supposed from the nature OF
trns, would be nappcable against the government,
yet they had unwilngness OF mind in giving the
actual possessor the right OF considering prla face
evidence against the government therefore acquiesce
with the suggestion OF the from Louisiana the
amendment which he proposes.
MIR BUTLER Is it in order for me 10 speak upon
this particular SUBJECT believe it is.
The PRESIDING OFFICER. Certainly
Mr. BUTLER Well, sir, the senator from Louisiana
did me the honor OF consulting upon this subject, and
am free to say that, independently OF this form of the
amendment, l should have rather preferred the laws
which obtain 10 my own Siae-tbat twenty years pos,
session under color of tte with recognised limits would
have been ,pso JIco presumption OF grant, not even
prina face Such IS the effect in some OF the other
ciee anu oheis may III lhey choose, adopt The primer
pie that twenty years possession under color OF title and
with recognised limits and boundaries will be regarded
there as presumption Of grsst against the State and it
ought to be so regarded In county | would be
inclined 10 make II a shorter term
MIR BENTON. IL is only ten years in Missouri.
Mr. SOULE. My object in presenting the amendment
upon your table not Mr. President TO bring this case
within the src, rule OF the civil law, which acknowl
edges no prescription against the sovereign II is rather
IN derogaon OF that rule which would repel with
out limitation OF time any claim arising from mere pos.
session that might be set The public domain.
The Spanish law, which Processes be founded mainly
on the principles OF the civil law, while respecting s
sacred dten, seems not to have considered that they
would be departed from by allowing in certain cases the
munheent fobesrance Of the King to extend through his
ofcers 10 such s'rpaops-lor such il the term Of the
hw-as might have been committed by actual settlers
upon the public domain. There is indeed a law of The
Indies which provides that whenever settlers shall have
extended their possessions beyond the limits assigned to
their grants and intruded into any portion OF the public
domain IN the immediate vicinity of such grants, they
shall not be expelled nor molested, but the contrary
shall be admitted 10 liberal composition, and receive
new tile covering the usurped possessions; and thus is
supplied by that law the absence OF all remedy under the
general system that might nure to the benefit OF the
tier and protect those rights which, through his original
occupancy OF the soil he Justly entitled claim Yet,
with that security which the actual settler finds IN the in
joneiior which The law addresses TO the Kings officers
be they vceroys, govefnosNor Intender is not con-
sdered az being vested with ally absolute right until he
becomes the beneficiary by dof the lndugenc thus ey
tended TO bm and therefore, Though under the Spanish
law he might have sued Tor hat ttle-sued for it,
would say, not as for right, but as for favor and
have sued for successfully sthe bar OF those in
before the board created BY this b Tor he will be told
fla he IN Apd n. isd