The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06
IN CONGRESS- OF THE u. STATES.

lieu of one which he had offered
mined and daring twenty years, shall be
deemed prira fies evidence OF comPteo grant against
the govenmen'.
Mr.. SOULE Mr. President, the apprehensions mani.
f.sted with regard to the amendment which had the
honnr nj pacng upon yuur table utterly groundless
xe TO submit 10 the consideration OF the Senate what
little have to say in answer TO the arguments urged
from the ber side OF the house the policy OF in
corporatng that amendment in the bill under debate The
principle it mbodes is opposed on different grounds |,
Is represented FIRST introducing new and dangerous
element into the legislation Of the country, calculated
throw j, into confusion and TO produce ncalculabe mis-.
chief; il is next assaIed the presumption that
tends remedy where unjust and extravagant petension
under alleged grants covering vast extent OF country,
could not without il have met with favor with
anyhing like ssIs0as oemesderntsur; rifr0y,
resisted under petence that, while seeks TO favor the
ancient settlers, its workings might nure the rights and
OF the newsones Such the objections which
i is incumbent to remove if wish TO the
least chance TO the passage OF the amendment fear
much MIR. President from the intmations exhibited BY
the Senate during The progress OF the discusslon that
have assumed difficult il not desperate task mean,
however, hazard myself in it but, before proceed
desire that the amendment be read again by the Secre
The Secretary read it as follows:
PROVIDED That possession in good faith within deter
mined and boundaries during twenty years. shall bs
ima fatn evidence OF compete grant against the gov
eminent"
NV object in moving that amendment, Mr. President
obvious had intended to fix mi, the inquisito-
rial investigation TO be held Under the provisions of the
bill where possession IN the spirit of Ownership, of
course amino domni, could be shown have existed at
suspicious, extending beyond long period
twenty years i was an assertion of that great uh
proclaimed throughout the whole body of the civil law
and indeed acknowledged and sanctioned by the common
law that possession is promulgaon TO the world OF
the right of ownership; as it, in the language of Do
clesian, Ownership could not be separated from posses
sion Elsi propretas posssss,one separar, non pos
H. s. de dG9 possessone) If we will but cast glance
the condition Of California in this respect and consult
her history from the time OF her earliest settlement
will not fail in discovering what Mr. Jones, in his report
The Secretary OF the Interior justly remarks and
forciby illustrates, that
Although, in slricues OF law, grants should have been
nade by exact measurements with written Itles and
record OF them kept, yet IN the rude and uncniVaied state
OF the country that ien existed the lands possessing
gaded, and if aogrtr dIsregardeu the evidence
their observance 10 may was lost 1t is certain that
sey inexsc and imperfect and larger tracts such as
"eTe granted TO the principal men, measu enent all
oe description often being by descriptive iact
cr ty repule OF the ilace granted The law OF custom,
with te acquescence OF the highest authorities
~ these respects The written law Written permits aud
grants, no doubt were usually given, bur in other
customary IN The Spanish colonies principal neigh
borbood authorities 10 give permission tooccupy and
sae lands with The understanding that the parry
would convenen asoo obta Ia his grant
rom The superior iunctionny Under tbese
The grant was seldom refused, but the application
iieu neglected All these titles, whatever their original
eharaclef, have been respected during the twenty
Whether evidenced now or ever by any written ue they
oosiiue as mertorons and jas claim, property held
by Ia any lart OF The world I"
The honorable senator from Missouri (AIr BrSroNl
stated on yesterday that lands in California had been ex
empted from the regulations which, under the laws of
rhe Indies, applied to the Spanish colonies have
enained that the honorable senator's meaning was COT
rect although upon hearing him may not have thought
bis language strictly AS far as the organization OF the
mission, Of the system through which The spi,SaI con-
uest of The people nhabitng that region, he ei
eced, and as far as its colonization by smpressdros
went, there is doub, but California under regu-
aiions, sui generis, peculiar to he.sel but in all other
eecs The principle and rule prevailing through the
avs Of The Indies were equally applicable 10 California
TO The other parts OF the Spanish possessions this
Continent had occasion the other day 10 refer TO the
berality with which that law treated the actual settler.
ne great object OF the government OF Spain TO
oursge and promote BY all possible means, the settle.
nenl and population of her colonies; and TO effect
s she was not sparing in the inducements which she
ED out 10 such adventuresA ms might be induced TO seek
home, and perhaps 10 prosecute dreams OF hyperboc
or,une m these distant and mysterious regions Where
NE could organize regu ar system of government her
ocy was discreet and forbearing in the requirements
fblch u exaced from the colobss where the popula
ION was sparse, and such Justify ine ndancy
governorship she would institute commandaaoia,
commandences) or create oiootdss and with them would
est all The while, not precisely the power grant, give
way or IN any amer TO dispose of the public domain,
ut 10 marx oM, to designate the spot upon which the
ew conner was TO settle. The grant made 10 soldiers
DO had completed their time Of service was generally of
he latter KIND was sometimes made by the officer OF
be prodo within whose jurisdiction he had served,
no CONSISTED OF three hundred square OF land,
ne was single, and OF one thousand varas, ii be
ad married a converted Indian. ] will admit that such
a,kng out or designating OF particular spots by such
u'hsrities constituted not absolute and perfect grant
e' they were held in such respect, sacred,
al there ~ not single instance the whole history OF
be settlement OF the Spanish colonies where they
sregarded or Inerfered with And why Why. the
u'hor'ies from which written specification Of title
ant could be obtained were at unmeasurable distances
ON the place where the settlement had been organized
be communications difficult and frequent; the
ue mig apply again and again. and yet be unsuccess
IN reaching the proper authority and he left and die
,hou' ever having obtained scrap through which he
hls successors after him might assert their ownership.
lhey were the occupants OF the soil originally allotted
mem; they possessed IL openly, in good faith, and
Wuers, within the metes and bounds determined by The
uoe measurement resoried TO in such That pos
sson may go As far back a. l773, and have continued
'he present day IN the descendants OF those devoted
oneer who rt redeemed those wilds from the lowest
ags o. barbasm. And now, ask. II. under The work
= OF tns ol, you mean 10 expel those posse
you mean 10 require that they should exhibit other
es man Their poesessonhe frs, and the best Of all
.esf DO yon mean TO drag them before your commits
ones ns', tben before your tribunals that they may,
yer long and narrowing litigation, be told, Away
held ls not yours" and thus become homeless
ne1e lhe Spanish governors and v,ceroys and the
aps Of Mexico had left them in peace in comfort in
oanyf Long, osfentible, continued possession-sueh
creates everywhere such in all times has been held
presumption OF ownership-hat possession which pro-
AIMS IN the face OF the world the right Of the occupant
NE soil on which he has lived and toiled long enough
oVesl II Of all character Of nsprpatiop, where II
%, nave originated in usurpation-such is the right
'cn 'h@ prov,so will cover with shield, and pro-
II Is not true, Mr.. President, that /, introduces .
element IN legislation. II obtains q,
w as al civll law against individuals There IL not