The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-02
TX CnNGRESS OF THE u. STATES


PRIVATE LAND CLAIMS IN CALIFORNIA, H
The Senate resumed The consideration OF the bll 10
sseeain and settle private land claims IN ihe oae OF
Caiorns s--ihe question pending being upon NE amend
ment offered hy Mr. SJuLs, aaa accepted by Nc. DEN
ros in lieu Of one which ne had offered
.Propdd, rns, pos.rs ia good ss' within deter
mined ,nete. as b,uoda f'c+ during twenty ytsrr 'sha
b. deemrd pri4 Iacis cvidraU" 81 conee gahl even
against The govtrurrnt
Mr.. GWIN MIR Pfssidsnt. nishts reflection has
.seaty changed my views IN regard 10 this amendment
y. modi6eI hy the senator from Louisiana, Mr. SoUE,
which the senator iIom Missouri has adopted Twenty
wears porsesson OF lands with proper metes and bound
s,es gives title, nos only against every private ad
verse claimant possession less than twenty years, hut
even against the governments that Is 10 say, claim
an, twenty years In the possession OF tract OF land
OF spimIed exl.n, il 10 be made good against ali
claims ot subsequent dale emanatng from the proper
authorities OF Mexico | will more fully illustrate
nv views OF the subject by stating case that may
bjI and becomes a law. General Castro has a claim
for an immense tract OF land IN the Santa Clara val
ley Many years ago. perhaps more than twenty
ior | am not sufficiently accurate In the information
have to give to daeshe surveyed this claim after
the Mexican fashion in California. by sending per
sons wha rope, who gaoped on horseback through
claim located several grants emanang from the Mex-
can governors of California. l &c, my information from
citizens OF the State in The city, who part OF
the claims last named. 1t Castro's claim daes further
back than twenty years. this amendment will give him
the land Certainly we have not the power thus TO de-
eide between conflicting claimants Il gives the posses
fearful advantages the owner OF claim of more
cent date. although he may have been in possession
dozen, even nineteen years As have said before
most o. these nchoae claims, and the claimant
der the older grant has, under this amendment abso-
late cult claim from the United States, and may and will
plead the very defects against the subsequent claim that
existed against his own but which the government by
this act has removed far il concerned. and would
also regard to the other claimant. il not esiop
ped By ,ns proceeding from examining II al all 1t gives
a great advantage TO The older claimants, and not
,s pi O
them to be decided BY the courts.
Again: does not This affect the mission lands The
priests have been in possession of these missions
than twenty yearsconRued possession for although
the Of secuarization has in most instances been
accomplished in these missions, yet the priests have al
ways remained in possession, and am told now in
instances actually claim them. See wha, Captain Hal
leck. in his valuable report. says on this sublec
Towards the close Il l5i7 II reported 10 the gov
ing lands OF rat mission lie was immediately called
non io his authority making such sales. and beng
sbls to give any tha was deemed Tue governor
ciaed all sales made Icy him oil miasion lands to be lie
sai null, and void
will read to the Senate the correspondence on this
subject:
| .HxApQuARrKRs, I0ru MILITARY DEPARTMENT.,
g Monterey, California, January 3, 1913
RSv have the honor ackno Wedge the receipt
your et,er OF the 18th December and its accompany
lands. bearing date 25 MAY and III June 1876. signed by
Jo Castro, and addressed to yours sell.
cell any Of the mi lands after The 7h July, 1886
the day which The United Saios flag hoisted in
California IT, indeed, II cond legally have conferred such
authority before. Since thai date the mission
ouy oe disposed OF by virue OF authority from the United
government therefore obliged declare aud
do reby decae all sars Of auy part the lands
made by reverence 10 be liega null. and void, and
The purchasers oi such lands hold legal title the IN
whatever by virtue Of amy sale made by reverence
- am' respectfully. your 0ped'sn; servant con
..Col LIST dragons, governor Of California
"Pev PADRE tR JosE MARIA pKL R $ DEL REAL.
Z" Minister OF the nisson nt santa Clara"
"srArK DErARrasSr. TlKRlroxr or Ca.LsossrA,
Monterey, August Is, IsIs-
"SKi It is reported that you recently put Dr X.
.n "a Judicial possession OF The rancho or lam Of Sin
Marcos 10 the mission o Santa b r)a'a
he governor, therefore, directs inform you that
hs act oyours utterly null aud void no sicalde IN Calf
any existing CLAIMS tides missions other pubic
ands 10 Lh,s Teniiory
Ill W HALLECk,
"Lisut OF Enginees and Secretary o! STATE.
Don PEDRI CARK-Lo,
"Flrs, Aicalde Of Santa Barbara"
Here hnd one Of these priests not only claiming the
lands OF this misson-lsnds nck and valuable as any
on the globe, and probably including The richest quick
silver nInts in the worldbut he actually engaged
IN selling them in ls47 These mission lands belong to
the United States yet the priests have been IN
OF them than twenty years. and by this amendment
the United States all of It's title TO the posses
sor Why, The result Of this will be most startling
hese missions can be determined by proper mees and
boundaries or they have such mete and boundaries sep
asing The possessions OF one from the other but within
these meles and boundaries principales comprising
as much land will be ound in OF the kingdoms
OF Europe, and rch soil and minerals any lands
on the globe These me,es and boundaries all the
government nj lands The settled portions of California II
this amendment Will give these missions 10 The possessors
who are the priess need ieglsate further about
the public lands in California; the balance is not worth
contendlng for
Eo,hng more fully illustrate the importance Of not
departing IRON The old settled mode o adjusting these
and claims Nearly the whole Senate ready yeser.
day evening 10 vote for hIs amendment and II am
Iest IN the view l have taken. nothing could be more
aa to The interests OF the and the prosper.
y OF the State Of California than IFS adoption. Let us
az provided in the 4h section, and let all other claims
lake The course pointed out in tie other sections OF this
bill
In my bill expressly excluded the mission lands from
the operation OF the law OF prescription In the l0b
section the commissioners informed what they
to do with these mission lands examine the tenure by
which they held, and report to the Secretary OF the
lntenot. was not and am not willing 10 recognise any
Claim to these missions. They include within their
me,ss and boundaries the bes, agricultural lands Cali
iorn'a These lands belong to the United States and
was not willing 10 give the sioners, any
else but the Congress Of the United States the power OF
dsrosinE OF then did wish Congress to act until
ul report IRON the reliable source was laid before
US The Judiciary Committee struck from my bill the
provision IN regard 10 prescription but they have intend
ed presume, accomplish the same object by the 4th
section OF their bill, confirming outright the lows lots,
lots, and grazing lots They have inserted in their
oii the 10Th section OF mine. leaving the examina-
uon OF The tenure BY which the msslon lands held
ehowlDg thai they no longer to be
70 guard them from the operation OF the law ot prescnp
non he town.lots out ots and pasture lots comprise
hhs II no, nine -enhs OF the land claims Cali
lorna that emsna,ed from the Spanish and Mexican