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

have given value TO land for which he had reason 10 sun
pose he could get title from his government How long
would he landed properly OF individuals and the public
DOMAIN 10 California be held in suspense by such pro.
lec Can any mortal the face of the earth divine
Has any seer pTesclence enough to answer What does
he experience OF The past teach the subject Why
~ tells us mat portion OF them perhaps would come for
ward within reasonable lime that others al different
and distant intervals would make their appearance and
ihat pan century or more to come would find claims
slumberng and unsettled, after generations shall have
passed away Here, in this Capitol, whilst am now
speaking suits on appeal pending before the Supreme
Court Tor The settlement Of immense claims in Louisiana
alabama, MISSISSIPPI Missouri, and Arkansas some OF
which, although fifty years have elapsed since their ORR
GIN had never before been brought to the notice of our
government until suit for their adjustment insiilu-
ted under the act OF Congress passed in 1874 How
long, then, would this scheme have lnger in des.
pair for the settlement of our tes9 Why, there is alb
souely nohing like IN the annals Of the human
II scouts the doctrine of limitation everywhere recog
nised which requires deeds 10 be recorded within spe-
cic time say there is nothing like in the annals Of
mankind, not even we go back with the learned
ator to the days OF William the Norman seven hundred
and seventy years ago tor the commissioners ap
pointed by the Conqaere prepared Uihtn period Of sic
years rgislsS containing an exact account OF all the
landed property OF the kingdom, that register being called
the Doomsday Book p which, the historian informs us,
any nation"a e 4'.l
No such work as that would be shed, accord.
and it may indeed be doubted whether half dozen gen.
eraions to come would see the end During all this
uedy tue government cannot Win baety survey anu
sell single of public land The separation of
public from private property will not have been ef-
fected in that certain, summary, and lawful manner
which the treaty of ls4s with Mexico contempates, and
which The people OF California have right expect and
demand.
But the mischief and perncious conseq quences oil the
bill do not end with its uncertainty and indeneness
10 the period Of bringing the registration Of titles to
close II invites by It's fret section claims to come
under written statement OF their particulars upon plea
that the original grants are not exant principle like
xunn ha fond N,rufoa nf
quity, and nundate the whole country with spurious
and fictitious claims, not only wrestling from the govern
ent the choicest most valuable spots necessary for
protection, by Notifications lighthouses, depot stations
&c but honest, valid claims derived from Mexico and
Span and the numerous equities, iadtudual and mint
eipal. which have grown up The change of gopern
meat, would the risk ol being Hooded with conflicts
and plunged into sea OF litigation and difficulties.
The second section Of the senator's plan calls for the
recording Of all claims derived from the Spanish, Mex
can, or Californian authorities before the conquest
6y any dmefican officer since the conquest"
had heretofore occasion TO comment upon this extra
ordinary provision in connexion with the terms OF the
senator's seventh sectO and at the time to express
my views respecting the mission claims.
presume that no one will stand up here TO contend
that claims derived from American officers who
erly without authority Of law TO make grants OF public
lands should, in the recording process be placed in this
way upon equal footing with ancient valid titles de-
rived from the former soyeIegntes, and protected by
right suggest that the two classes of CLAIMS bearing
sort of analogy, and wholly dssimar, should not be
drawn together and mixed up in this manner
take II Tor granted, also that the Senate is not pre-
pared TO recognise project which prescrlbes
for determining " hat are and what not
azed and that this body will not be disposed to let mis-
summary way such may choose TO claim them, upon
the grounds that they secularzed and by subsequent
sale have become private property. .g.t afs 81
The third section OF the senator's bill employs two
lawyers the recorder and district attorney, and coners
authority upon third the attorney general, proceed
by se,rs ae,as to set aside titles which either OF them
rule OF action prescribed TO him. may order taeias
any in which he may deem the claim" invalid !"
but the recorder and district Attorney by the fourth
ton OF the BILL required in deciding the question Of
issuing the writ TO be governed by The treaty OF Qua
daupe Victoria the law OF nations The laws, usages and
customs OF the government IRON which the claim ~ de-
rved me pfocamanons OF ne commanding onceIs al me
time of the conquest and the capiuatlons made with
the commanders the decisions OF the Supreme Court OF
the United States far they applicable. and the
law OF Prescription IN iayo1 OF possessG,y, Sn'. inc
From the horror expressed by the senator TO the en-
ployment of couns< proposed ia another bill, am
surprised 10 find such formidable array Of them drawn
up here armed with the formidable weapon OF
fac,as ceave down titles they may deem 10 be invalid
How they proceed II is presumed that the re.
corder and district attorney are to go to work rs and
the attorney general afterwards. Are they 10 go over
each recorded scTt0tn entering their judgment OF
guilty" " not guilty" and lhen seize upon the one
class by sere fdeas. and prosecute II TO the extremity
In this anomalous and unnatural upon titles, would
be strange if the innocent did not suffer more than the
offending; the latter better and more carefully guarded
would be more likely TO parry the blow, and dash the
weapon from the hand Of the law officer OF the govern
ment ea# $50 Fl.
Nothing in my judgment could be oiious than to
fasen upon the people such system. have patience
with tins obique mode of settling titles the unwary and
innocent would suffer- whilst the crafty and designing
would escape unhurt The scheme would lead 10 doubt,
and innu leaving The whole ulles oil The
country in conflict confusion, and chaos .sE #
The fifth section OF the senator's bill proposes TO
firm the quantity OF four leagues measured from the
centre, two leagues in every diIecton OF every town.
city, or pueblo California, except San Francisco. hch
is TO have that quantity upon different rule
I have heretofore sho osn to the Senate that such
provision ia partial defective. and unequal that there
vate titles and the effect would be c~nhscaon oil those
tides, or the towns. cities, or pueblos would lose Their
quantity, in some wholly, and others to the extent
of confict that in other such principle would
embrace = vast extent OF gold region rweepng away
mlnes and creating corporations monopoly OF wealth
unprecedented upon this continent Or IL ~ the senator
Afterwards interpreted the meaning OF hs section. these
American the mineral region 10 be excluded
from the benefits OF this grant, II would exhibit par
alty favor Of the Mexican population, and az ans the
American, odious that would lead TO tumult and
bloodshed, II the Spanish and Mexican towns are TO
enjoy the benefits OF this immense donation, give also
to the American towns, the inhabitants OF which are the
intrepid emgrants, who, by their labor and enterprise,
have made California the wonder OF the age am
against any legislation this subject in this BILL and re-
peat that when the gold mines are to he disposed or
want them to 70 directly the people upon some far
pan by which the government will vindicatc s Juetce
10 ts citizens who are engaged in the atdnous and pre-
caous buainess OF exploring the mines OF the country
and developing its mineral wealth. lrecrae my deter
minaton 10 use my utmost exeons TO have every town,
city, or pueblo in California Literally and mumhoentiy
dealt with by the national government in regard 10 lands
and to promote such policy az shall settle and confirm