The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10

not Such things have happened, and may happen again
With record based upon such evidence OF title going up
TO the attorney general how he declare a claim in.
valid Ii seems TO me impossible Nor il be required
do II is left to his WILL not made obligatory upon
him.
now come 10 the fourth section OF the bill In the
foregoing section the recorder limited. in collecting
mony IN regard to claims, to wha, The claimants them
selves file, and be and the district attorney required to
act upon this evidence, and no other In this fourth
ton still further limitations placed upon them II
asy decide % issue sa ,Ss sxss sny claimant
dago the law OF nations the laws, usages, and
OF the government from which the claim is derived the
procamations OF the commanding officers the tins of
the conquest. and the capitulaons made with such
mande, the decisions OF the Supreme Court Of the Uni
ted States, far they applicable. and the law OF
prescription in favor of possessory rights the same as
II question between Individuals and all cases of
actual before the conquest OF the country shall
be held to be primo Jaeie evidence OF valid title"
II is easy TO predict the fate OF sre Jaeas issued
under these restrictions Il would go out OF court on
motion. II would have no basis to rest upon. No law
yer could expect decision against claim thus guarded
and hedged at every point But could the recorder
district attorney order facia thus restricted in their
action Let us by what they TO be governed
LIST, the treaty with Mexico; 3D. the law Of nations
Sd, the laws usages and customs OF the government
IRON which the claim is derived 4th. the pocamatoDs
OF the commanding officers at the time OF the conquest
(ot the number OF these proclamatons we in
formed 5h, the caplluatiOns made with such CON-
manders (he number not stated J 9th the decisions of
the Supreme Court of the United States, far as they
are applicable 7th the law OF prescription; and sth
restrictions by which they are to be governed that we
know OF, and several the proclamatons aud capltula
upon what sers faeias be based But let ask,
what has the pocamatiols OF commanding officers and
their capituatons to do with the matter OF issuing
facids against land claim Our title 10 California is
based upon purchase, not conquest We bought the
country, and paying for It, BY the treaty OF cesson
we bound. and the obligations imposed upon by
that treaty should sacredy fulfil That the law by
which we to be governed. II we had obtained the
country by conquest, and our military commanders had
made certain guarantees to the inhabitants through proc
amations aud capituations, and the government had
bound itself to abide by these guarantees, then there
would be some reason in requiring that the guarantees OF
these procamatons and capulaons should be respected
| in examining land claims, and not otherwise
Suppose that in the treaty with Mexico clause had
been inserted that in settling land claims California this
government should be bound by the procamatons and
capilulaons OF our commanding officers In that country
would such clause have received the yo,es OF half
dozen members OF this body think not; yet if we
pass the substitute to this bill we are imposing obga,
tons on this government which by possibility could
| have been incorporated in the treaty.
Sir, there several persons who claim to be the
querors OF California. Several distinguished officers
issued procamations; entered into capulations
with the inhabitants. These may be exploits honorable
to the parties The promises contained in those proca.
nations and capitualions were made in good faith. and
doubt, if the country had been retained conquest
every stipulation contained in them would have been
strictly adhered But California obtained by pur-
chase The treaty by which she coded 10 the United
States is the supreme law of the land and to look
to that and not to the pocamatons and capualions OF
commanders the of the United States to guide
us IN our action on this subject.
The fifth section confirms four leagues OF land TO
cry town, city, and pueblo in California am in part in
favor OF this proposition and if introduced aud brought
forward in separate bill, would vote for and
II with proper amendments and restrictions. | shall
always advocate donations of land to towns, Cities
puebos, and the State Of California. If asked for prop
er principles But the donations in this section par
tal in their operation, and therefore shall oppose
less amended San Francisco has the full benefit OF the
four leagues donated TO other towns and cities, while
Mnntpr Nan N1nfo Rarh and ('rnz
similarly situated have not the same privileges extended
TO them. Although San Francisco is greater city than
all these combined, yet the donation important Them
and can with the same justice be asked for.
But there is another radical defect in this section of the
bill. The donation Of four leagues square is uncond
tonal to The towns ciles and pueblos Suppose con-
cts with private claims will the United States guaranty
these claims against the losses be sustained by this do
naton' II NOT shall private rights be sacrificed to enrich
these corporations!
To show how important it is to legisa,e on this ques
lion with caution, and after due deliberaton and
nation will give imperfect statement from memory
Of the bearing Of this law granting four leagues square to
every town, city, and pueblo the State that every Sena
tor may see how partial would be in its operation The
three great cities and leading points in California San
Francisco, Sacramento city, and Stockton By this bill
San Francisco would likely get the tour leagues; for
special power IS given to 80 run the lines TO take in
the mission lands the of the city, which OF right
belong the United States and they have the power TO
dispose Of Therefore they would be great boon 10 San
Francisco But how would IT operate upon Sacramento
city and Stockholm The former located on The claims
Oh lapt ana the on Mr.. w eOcrs.
the opinion that every of land covered by two leagues
square from the centre Of Sacramento city private pro-
perry, claimed 10 be such and entertain doubt
but the had OF Stockton Thus neither of these
important places would get OF ground by this do
nation, while San Francisco would derive immense ad
vantages from it. The town OF Bencia, about which
much has been written in pamphlets and said here the
destined commercial emporium OF the Pacific, is located
on the lands OF Gen Vallejo. So also is the site selected
by the vote OF the people the future seat OF he State
government, the city Of Vallejo. Here there four
cities and towns OF real and anticipated importance that
get no land from this donauon unless private properly is
seized by the government and appropriated. II this
should be done, and Uncle Sam agree foot the bill for
damages, his treasury could not stand il long The real
estate OF Sacramento alone is assigned at twenty millions
of dollars.
portions OF the State and especially in the gold mines
Cooma is situated al Suffers mills, where the gold
first discovered, and four leagues square would up
wards OF sixteen thousand OF the gold region, and
make Colloma one OF the richest corporations in the
world. Trinity Church in New York could not compare
So also OF Yuba city, Sierra Nevada city, Narysville Tu
aumna city, Sonora, and twenty others located in the
would sweep the mines very nearly no. II the mines
are to be given away, am in favor OF giving them d.
recty to the people, and not TO corporations If the gold
mines in that country to become private properly
and other practicable way OF disposing of Them
let the people be the owners and not corporations and
monopohsts. The cities Humboldt and Trinidad
bays would also derive immense benefits from these do
natons although not valuable those the mines
will not pursue this subject further now can do 40
the subject, introduced and to be introduced BY the
members from California shall up for consdera-
ton
The sixth section confirms the grants made by General