The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-08

Mr. GWlN, IN conelusoh Oh ne uepao' auuiesSeu thc
Senate as follows;
I,dar The conviction that the principles of the bill
which had the honor lay before The Senate are such
as would secure speedy and Just settlement OF private
Io.d t,IIxs i'm California It a matter OF qualification 10
me 10 find they are substantially approved by the bill
sincs reported BY the heightened Committee the Ju
dietary and which is now before the Senate for consd
.eration.
circumstances have placed me al this jCncture in the
poston of sole representative in this body from Cafor
MA Under the responsibility thus devolved upon me,
have epdeavoed vndcate the principles OF the plan
proposed and TO repr the opposition made TO il by the
honorable senator from Missouri MIR BENroNl whose
substitute, in my opnion would be lTaught with mis-
chief be destructive 10 the real interests of the bona de
andholders injurious the present population of Cali
orna, and seriously preudlcal 10 the rights OF the UNI
ted States
The urgent necessity for speedy legislation in this mat
ter SO important 10 my consttuensmy anxiety for the
Committee the Judiciary 10 take hold OF it, to sift the
several plans proposed and give the Senate and the
INV the benefit OF their legal abilities and wisdom-n.
duced me propose reference of the subject to that
committee, and al that time TO refrain from full ex-
preston Of my views as then desired.
With the indulgence of the Senate, now propose 10
look further into the scheme Of the senator from Mis-
souri,, which he has renewed the shape of amend
mens TO this bill and to submit additional remarks
apon 1t.
what have now TO say, present the bill he offered it,
Bs enacted &C. That for the purpose of ascea ming
and settling The private and claims in the State OF Caor
MA recorder OF land titles, learned law and skilled
the Spanish aud English languages shall be appointed
the President by and with the advice and Of the
California relation land grants and also shall call in
for record all the evidences OF land titles in California and
after recording came shall return the originals to ,e
parties except where forgery stimulation shall be
ected by the recorder aud where there may be written
avdece ex,au, Of the original grant written
may made of the claim ived for record stating
all the circumstances relation thereto, and especially all
that relates TO TIE fact Of actual possession.
Seq Had be it further snacied, That shall be the duy
OF all town, elites, villages, and pnebos and OF all mis-
which have secuarzed, and OF all ind.
Ol an In
whatever whether derived from the Spanish, the Mexican
the California authorities before the conqeest OF Cafor.
MIA, by any American officer the conquest pre-
all such evidences Of title tho said recorder upon
sEc And be it further enacted That, on receiving such
evidences OF e the said recorder shall cause the
be fecorded in bound books and shall make out duplicate
abstracts or iii claims, classified according 10 tie authority
from which they Issued and retaining one abstract In his
SeOe,s Land Office a, and II shall be the
duty Of recorder conjunction with the district
may lie, examine the same, ard If believed by them
her OF them 10 be invalid ior any cause shall be the
hny o. .hs as.ct attorney 70 ISSUE sce 'ae,as stating
qurng hn 10 appear In the district court and show
Why his claim should MOI be held to be Invalid and bis
cancelled and report OF all decisions by
der and district attorney, whether for or against the validity
General Land Office, be by him laid be Secretary
the Interior 10 be submitted the Attorney General
may order scre faca IN any case IN which he deems the
SEC 4nd be it farther enacted That in deciding upon
the question Of issuing ere aeas against any claimant
the said recorder and attorney shall be COVE by
the treaty OF Guadsupe Victoria the law OF nations, the
laws usases, and customs OF the government from which
the claim Is derived the prociamHtious OF the command
ing officers the time of the conquest and the oapitua
made with such commanders, the decisions of the
Sapfeme Court oil the United Sates far they APP
plcabe, and the law OF prescription in favor OF posesory
rights, the same as fiji was question between ndivd
and IN all actual possession before the
OF the country shall be held to be pima laee evidence Of
valid title.
four common leagues, measured from the OF the
city, pueblo Except San fancisco) two leagues
10 direction shall be confirmed to all such towns,
oes and puebos, (ncudng the city of San Francisco.
formerly Yebs BueDa,) the occupied paris to their
municipal authorities. except such parts may
be required Tor military purposes within the Un,ed States
.a,a ou league. square shall be- confined to the city,
town. village, pueblo, according the instruction and
decree OF the captain general OF the Internal provinces OF
the West, dated Chhuahus. and directed TO the
mandant al Monterey, OF Upper Caliionis and the four
leagues square confirmed to San Francisco sha be meas
ured sootn Tor 1t, 9usnuy.
SIC. Asd be jIrihu suaeed, That the grants made
by Gen kearny San Francisco shalt be- and hereby
confirmed far the United States concerned, and
without preludce TO individuals and all the made
lof The government OF the United States except such as
shall be needed for military purposes, necessary public
buildings shall be, and the hereby arc, granted 10
SIC. 7. A~d be further enacted That all other
made by any officers under the civ military govern
Try shall be- same hereby are reserved for the m
ure decision OF Congress aud shall be The duty of the
recorder OF land tides TO make spec ia report thereon d.
eced to the Commissioned OF the General Land Office
soon as Practicable to be 10y him laid before the Secretary
OF me Inferior, aud communicated TO Congress.
Src dud be ~ further enacted, That the trial of
any nUf Jdcids TO try the validity OF claim, the decision
Oh the court shall be conclusive favor of the IN
every case, except in In which John Charles Ffc
mont may be n claimant; and in all In which he
may be claimant appeal may be taken in favor the
United States TO The Supreme Court o the United Staes
and in all decisions against the claimant sppoa may in
Ike manneI be taken TO The Supreme Court
skc y A~d BE- JSrfhT s~acted, That the recorder OF
and ue on receiving notice OF each claim, shall lay
Si,,,c, ao~n the sas according TO he ola on
cohnned, shall order the 10 be duly surveyed, ac
cording TO the confirmation.
land tides shall keep his office the OF OF
hs State but shall repair to the principal Cities and
settlements. due and public notice, receive notices
SIC II And BE- further snaefed And The said recorder
o. land ies shall be allowed saary OF - thousand
oobats per shnum and twenty cents mile or all neces.
aV travelling. and also shall be allowed clerk who shall
receive salary Of - thousand dollars per annum, and
o same mi cage, and cents per hundred words on all
pspe recorded or copies gwen out And the district ator
ey sna pe allowed one thousand dollars per annuw, and
weny cens mile Tor his necessary travelling under this
SCI, IN ADDITION 10 his other compensation.
The hrst section Of this bill requires the recorderwho
s TO be the drchsreroo call in for record all the evi-
dences OF land titles in California TO record the same to
return the originals, except where stimulation forgery
suspected BY that Officer and. where there may be no
written evidence exant of The original claim, to receive
ana record written statement Of IT, the second section
declaring to be the duy Of all claimants for
Wsrd. whether deriving title from the authorities before
he conquest or by an American officer since the
quest"
Here we have, as prelude TO general recognition OF
ues call ior the presentation OF claims, valid and
valid Now, in this stage o the case let take plain.
common n-aense view OF the matter.
Ihe estimated surface OF the State of California il
lss,9sl square miles, 100. .9a7 $40 acres with
coast OF $40 miles, about the average length OF the
oAie, from north TO south. Over this extent OF terri
.ofy claimants desired, when the recorder, his