The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-08

CALIFORNIA LAaD TITLES This subject 10 now
oe'ore The Senate. A bill introduced By Mr.,
G~in, and substitute by Mr. Benton are now be-
fore that body providing for the settle OF claim
and titles TO lands occupied or claimed By private
individuals in California. The issues involved,
will doubtless lead 10 pfotracted discussion; but
a few plain facts and principles Of Law cover the
whole question.
Alta California was formerly settled by old
Spain about the time of our revolutionary war.
To encourage emigration 10 this new colony,
the Spanish government made liberal grsats
Of lands to. the missionary establishments of the
cburch--to the prescios, or military posts-to the
puebios OF villages-to Individual settlers and to
contractors for settlements, al the rate OF eleven
square leagues 10 the the location the
country Of one hundred families Those settlers also
had their land free-a small uactto cach-they were
exempted from conscnptions, military contriba-
tions, and tthes, and were furnished gratuitousIy
by the government with a certain amount OF live
stock, seeds, and farming implements. Regula-
tons were made for equitable distribution Of the
water from the water-courses for the irrigation OF
the lands, the distribution Of fuel, &c. Under this
liberal system Of the Spanish government, the ter
ritory Of Upper California was settled by Spanish
subjects from Spain and Mexico. The same gene
raj system, with various notifications, was fol-
lowed up by Mexico, not only in California, Blu. in
Texas, New Mexico, and other PROVINCES. Under
the liberal grants made to settlers, Mexico owes,
perhaps, her loss of both Texas and California, as
much as to any other cause.
With the transfer of California to the United
States, the lands land titles, and land claims, of
course, come under our laws and our land system,
such as it is But the treaty Of Guadalouoe Hidal-
60 guarantees the rights Of property Of Spanish or
Mexican born citizens, inherited from Spain or
Mexico, and makes this guaranty an obligation
upon government. All, therefore, that remains
to be determined lie the validity Of claims and titles
to lands purportpg to be descended from Spanish
and Mexican grants, cessions, or sales, to pur-
chasers contractors, settlers, pueblos, MISSIONS pre-
sidios, individuals for public services Bat these
lands cover large proportion Of the arabic lands
in California, if not all of them, from San Francis
co, southwark along the coast to San Diego, and in
ward to the Sacramento and San Joaquin The mi
ming country, among the mountains, comparatively
useless for cultivation, has scarcely been invaded
by Spanish or Mexican claims The difficulty lies
here. The war in California dispersed the Mexi-
can owners and occupants of the soil the disco
very of gold attracted thousands of Americans into
'"o eo"h"J' anu rp'e"in'"'7 W any huihoei' - 10
probable that many of the title deeds and other
evidences supporting claims derived from the old
grants are lost; il is probable that there will be tic
titious claims trumped up to a large extent; and
squaers will, doubtless, be found in considerable
numbers, contrasting with bona tide owners the pos
session of the soil. In view of all these impedi-
ments, it becomes Congress to act upon this sub
ject Of California land titles with great delibera-
ton, go asto secure the rights of the old settlers
and their representatives, and yet as to guard
against the speculators and peculators of the public
domain