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


lions the laws ussses and customs Of the government
from which lhs clam i derived. hs prncpss Of equity
the decisions of lbe Supreme Court al The United States
70 iar A he, sre applicable tmyia Be wsll % quss-
why these various Of authorizes wefe IN
srIied IN The bill because BY the is,"s Of The Isay We
are only bound to secure ihs inhabitants Of California
their properly they held IL under tie government OF
kIexieo prior the crrsion of this county " shows
however The befaIy with which the Committee the
Jud.s asy governed IN laying Gown the rules by
which ,he rights OF the claimants 10 property in Cslifor
Noe, sir what are these expressions M relation 10
the laws"tbe law OF nations, the lave usages and Gus
toms Of The government! from whieh the claim is de-
rived" Now, sir, il this am endment proposed by The
senator from Louss,e IMr SouLE1 is not embraced in
the laws in the customs, or the usages of the
from which tic claims spring, upon what foundation OF
justice OF popriey shall we introduce rule
large the rights oil The claimants in that couny and that
too so loosely Possession bona fde possession with
out paper title, for period OF twenty ears, in addition
to all that is given by the laws, usages, and of
the governments of Mckee Spain, and Cafornia-ihlt
provision IN the amendment Is 10 convey title 10 The
party
Now sir seems TO me il is not required of by good
faith in the execution Of The treaty Ii is not ~ con
fomiiy with The practice OF The government when slh
lar cessions have been made this country by foreign
power It's enarging, extending The rights oil the IN.
habitans of California; the prejudice OF the people OF
the United States and 10 the prejudice OF hundreds oil
thousands Of Americans whe have gone there
Mr. President great deal has been SAID N the course
Of this rgument about the old settlers. Well, sir, no
man is really 10 do them angle justice than am
They ought TO be insured ~ every atom OF property to
which they were entitled by the laws OF their
try but hing beyond il. But, sir, recoliecng the
old settlers ought 10 recoect too The settlers
that have gone there in the pursuit OF their fortunes
terprsDg citizens of the United Sates-a hundred thou
sand In proportion you extend the grants,
you enlarge the titles, you extend the possessions o.
these old settlers you diminish me area on which he
new settlers to obtain that portion Of public domain
which they equally DESTROYS perhaps to possess with
the old settlers But would not ( We different bonnda.
ries to their claims would not extend them. | wosd
NOT ytpnu Steut iii
area OF country hereafter 10 he disposed OIL 10 The peu-
dice only at The general ITSELF but OF the
new settlers who have gone To California
MIR President, manifest from what has transpred m
the progress OF this bate that have not all that ample
information before which will enable us TO provide
for the possible thai may IN The progress oil The
setilpmtn at claims California Now with respect IL
these 10 nineteen, embracing some
The best soil OF ,hr country, AMI some Of which, II !
have been rightly formed, have passed into HE ands
OF what called admnis'la ors, who themselves now
claim tie properly the OF the priests wht
formerly occupied them-can we tell TO hat extent tins
amendment may be carried, # we adopt il, in lis apr
cation to of that kind 10 the mission and 10 ohe
lands which may be used Tor asturase other purposes
Can We see what will be the construction put upon II I
Sir, il seems TO me cautions legislation and prudence
demand oil TO 60 the full length of the treaty-o give
to claims Of land in that country Of The old inhab-
ants the entire beDeh OF every stipulation contained IN
the treaty. giving them the benefit OF their own laws,
customs, and usages, hut TO stop there II, however,
upon further and full information with respect 10
the condition OF titles IN that country 1t shall be dscov
individual owners, or Individuals who are entitled
TO further legislation sir, any defects which may
the action OF Congress upon the subject tn
time be cured By subsequent legislation, with Her
and more ample information before us than pos
sees | come, them Mr. President. 10 the conclusion
and have risen merely Tor the purpose OF say that
could not for the that have stated and other
reasons that would add, II | did not want to avoid a
further consumption OF tme-l have come to the con-
ciuson 10 ada no new rules TO alter no law OF rescrp-
hoa; for il the law of prescription does not run IN Cali
forna against the government, then the claimants
cured by the provision TO which | have Telerrcd-ihe
laws, customs. and usages OF the country II prescrp
tion cannot be urged against the existing government
Why should we enlarxe the rules why should adopt
tprincple varying from the practice OF the civilized ma
ions upon the earth According TO them, all prescnp-
observation-disclosures not allowed TO run against the
sovereign. The point is the amendment OF the
ator from Louisiana, Mr. SoULE; and that is whether
we shall adopt the principle OF giving right after twenty
years OF bona de possession, without paper title, and
without any axed and designated limits the land to be
granted repeat sir, that if, according 10 the laws
the country the usages and the customs OF the counr,
such possession does give title, the ttle is secure
the amendment is unnecessary. But if il does not give
such title, ought not to enlarge the rule BY which
California. In any view take of the subject, il
TO would be unwise and incautious 10 adop
the amendment
Mr. SOULE Mr. President, deem it my duty /,
state few words 10 some OF The argument,
which have been urged against The amendment which
had the honor on yesterday Of offering.
Mr. BRADBURY II the senator will give way, vii
move the Senate adjourn.
The question being taken, upon division, resulted
So the Senate adjourned.