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


mssiae OF pervert what understood hun saying
and did really understand him TO intimate that he IN
tended, by his amendment 10 do something for certain
classes OF landboders in California which the existing
laws had not already provided IN their favor Ii yet
quite evident that the sena or, in introducing
his amendment either intended to provide some legal
curty for supposed landhoders in California which they
do not now possess under The authority Of the treaty with
Mexico he did not. II he intended 10 provide no
more for them than is already provided his amendment
would be useless II he designed to 20 beyond the pro-
visions OF the treaty and to bring into existence legal
rights recognised by that instrument and not known
either TO the laws Of Spain, or OF Mexico. of this
country it would seem that his amendment does conlem
plate the exercise of discriminating Partially in favor OF
certain supposed landhoiers in California precisely such
as have described and against which have felt bound
protest So that after ALL doubt very much whether
have seriously misunderstood the amendment OF the
honorable gentleman, or the remarks by which it has
been accompanied on his part
| wish TO act fairly and justly in all respects towards
all the people OF Caltoma-towards those who claim TO
be landhodes as we'll as towards those who may rea-
sonably appehend the reception OF injury from the recog
milton Of pretended titles 10 large bodies OF The public do
main, to which those who assume to be have at
present valid and legal title am willing stand by
the treaty in all its amplitude am willing, in spirit of
lbeahty to go little beyond its provisions but
cannot aid in bringing about such consequences ver
y believe will flow from this amendment il adopted and
allowed to have any operation in California.
think that the honorable senator's amendment is en-
titled to very different Interpretation from that which he
himself is inclined TO athx TO it. The word determined" is
word OF very definite and discriminate meaning OF quite
an ascertained sense The language OF the amendment
49,,
equivalent thereto. Now, to speak of body Of land
having determined mees and boundaries, is to say that
there defined and asceained lines OF demarcahon
which separate il from other lands adjacent which de-
fined and ascertaned boundary lines cannot well be i'm
agined TO exist except under the authority OF regular
and authentic survey. II we look little into the classic
origin of the word determine, shall find that II is
OF far vigorous and significant import than the
author OF this amendment seems to suppose The word
know, associated in the old Roman tongue with
the OF OF the most respected gods OF the Pagan
mythologyTeminus--t god who presided over bound
aries and the common Latin substantive terminus"
which meant boundary" possessed sort OF emphatic
potency, which implied the utmost certainty which could
well be imagined to exist IN relation 10 the particular sub
jec to which it was applied. determined or deerm
must clearly ascerlaned line of demarcation be-
tween portion OF territory and another adjacent to it,
would seem TO me- sir that the very graphic descrp
ton which has been given by the honorable gentleman
of the manner in which portions OF the public domain
formerly allotted to Individuals under the author
ty of the Spanish Crown might well raise doubt even
in his mind touching the applicability OF the terms
incorporated in this amendment OF his to such proceed
lug that depicured by him-or more vague and in
could no, well be imagined than that described by the
honorable senator. Surely il was not IN such loose
and uncertain mode that deermnae metes and bounda
ries could be established repeat, that If this amend
ment be designed TO operate only upon lands whose
"metes and bounds" have been already dstsrmned-in
other words, which have been regularly surveyedthen
il is not possible that it have any operation at all,
since hear from all quarters that no lands surveyed
are 10 be found in any part OF California.
The honorable senator says that he simply intended 10
provide sort OF pre-eHpve right in favor OF these par
ties. Now, what is right OF pEe-empton II is simply
right TO purchase in preference 10 other individuals
Is this what provided for in this amendment! By no
No purchase OF the lands in dispute appears 10
be in contemplation at all the amendment If IL be allowed
to perform any office whatever, is TO impau validity to
existing land claims IL California which they do not at
present possess Ii does not provide that class
OF individuals there holding public lands in possession,
and cutvatng the same shall be permitted 10 purchase
reasonable quantities thereof by paying the minimum
price required for the public domain Had this proposition
been brought forward, should not have been found re-
sisting it, But such not the case on The contrary
contemplated by this amendment 10 give away, to re-
sign, to donate (l may term now grown into CON-
use) large bodies OF the public domain 10 that class
OF individuals in California who being now claimants
OF territory, willing, IS presumed, TO be confirmed
in the enjoyment OF landed possessions TO which they
have really legal equitable claim than persons
who have yet entered the confines OF this rich min
eral region II the honorable wished merely 10
carry well known pre- emptive principle why did
he not provide in,tao OF the quantity OF land to
be confirmed by his amendment to existing claimants
Why did he not al least provide that the individuals 10 be
benefited by this amendment should mol be allowed TO
possess themselves OF more than league two leagues,
or five leagues, ten leagues II should claim
one hundred leagues under the authority OF such pro-
vision this he might perchance succeed IN having the
whole OF it secured 10 him by regular adjudication ia
his favor. -empon law 10 favor OF actual settlers
10 quarter section OF the public lands IN Califo
should vote for with great pleasure; but this amend
ment, with my views OF its bearing and import, can
ne yer sustain nor do believe il will meet with much
favor in this honorable body.
MIR. BEkRlEN, | desire the attention OF The honora-
bic senator from Louisiana, Mr. SopLEl | acqulesced
his suggestion to give the benefit OF pre- empve pro-
vision, considering preemptve evidence the title OF pes
session within prescribed limits accompanied by actual
cultivation with the understanding that the amendment
when drawn up by the honorable senator, would be sub
mltted to me- that might have opportunity to revise
IT, Now, the amendment which is before the Senate
does not to the idea entertained by myself, and
supposed by the honorable senator. 1t proposes 10
give the benefit OF the presumption OF title against the
government alter twenty years possession IN good falih
within determined boundaries and without any claim OF
te-Uittom any claim of title. Then any individual
who may have gone upon the public domain OF Caor.
MA and may have obtained, by whatever meansby an
application, you please, TO the acalde OF the district
who shall have marked out certain boundaries within
which that individual TO settle himseli,hat individ
ual would, apprehend the amendment, be entitled to
the presumption Of grant 10 the whole extent oil the
land within those boundaries which had been llegit
matey marked out without any authority He would be
entitled to the presumption OF grant, although he did
not into the possession OF It, claiming TO enter by
virtue of the grant ask If that is not the elect OF
The amendment
NV idea was that If there was a class OF actual set
tiers in California who had settled upon portion of The
public domain, and bad cultivated the same for period
Of twenty years. they should be entitled to the presup
ton of grant Tor the land TO which their possession
tended.
Now the rule upon that subject il il understood by
u.s. u.s. that when an individual enters into the possession
OF land under claim OF ,lte, his possession for the time
prescribed By the law shall be considered coextensve
with the limits OF his title II he enters without claim
OF te and continues to possess and cultivate aud enclose
portion of that land, he will have the benefit of staiu
land which he actually occupes-tbe legal phrase is,
The fired and bey ond those actua Limits